[Rev. 2/27/2019 1:20:39 PM]
κ1983 Statutes of Nevada, Page 481 (CHAPTER 210, AB 402)κ
repay all the withdrawn employee contributions and the required interest, the member shall pay any balance due to the system under a reasonable plan for payment established by the system. Upon receipt by the system of the full amount of the employee contributions previously withdrawn and the required interest, the member is entitled to all the membership rights and service credit which were canceled by the withdrawal of contributions from the members account.]
Sec. 3. NRS 286.477 is hereby amended to read as follows:
286.477 1. An employee may receive full service credit for part-time employment if:
(a) The employee and his employer enter into an agreement covering his part-time employment and the agreement is approved by the board;
(b) The employee [is 55 years of age or older and has 30 or more years of service, or is 60 years of age or older and has 10 or more years of service, as of the date on which the agreement becomes effective;] will have reached the age and completed the years of service necessary for retirement, without actuarial reduction of his benefit, at the expiration of the term of the agreement;
(c) The employee works half time or more, but less than full time, according to the regular schedule established by the employer for his position;
(d) The employee and the employer make contributions equal to the lesser of:
(1) The amount which a person serving on a full-time basis in the position would contribute and which his employer would contribute for him; or
(2) The amount which the employee and employer contributed during the last 12 months of the employees full-time employment, adjusted to include increases to offset higher costs of living provided to similarly situated employees of the same public employer;
(e) Employment ends on or before the fifth anniversary of the day on which the agreement become effective; and
(f) The employee agrees in writing to the forfeiture of credit provided in subsection 2.
2. An employee loses all service credit which he did not earn by actual work and which has accrued pursuant to this section if he:
(a) Returns to full-time employment in the service of any public employer at any time after beginning part-time work under the agreement, except for full-time employment as an elected public officer as a result of appointment to an elective office.
(b) Continues in his part-time employment beyond the fifth anniversary of the day on which the agreement became effective.
Sec. 4. NRS 286.520 is hereby amended to read as follows:
286.520 1. Except as otherwise provided in subsections [3, 4 and 5] 4, 5 and 6 and NRS 286.525, the consequences of the employment of a retired employee are:
(a) A retired employee who accepts employment or an independent contract with a public employer under this system is disqualified from receiving any allowances under this system for the duration of that employment or contract if:
κ1983 Statutes of Nevada, Page 482 (CHAPTER 210, AB 402)κ
(1) He accepted the employment or contract within 90 calendar days after the effective date of his retirement; or
(2) He is employed in a position which is eligible to participate in this system.
(b) If a retired employee accepts employment or an independent contract with a public employer under this system more than 90 calendar days after the effective date of his retirement in a position which is not eligible to participate in this system his allowance under this system terminates [immediately upon his earning more than $6,000] upon his earning an amount equal to one-half of the average salary for participating public employees who are not police officers or firemen in any fiscal year, for the duration of that employment or contract.
(c) If a retired employee accepts employment with an employer who is not a public employer under this system, the employee is entitled to the same allowances as a retired employee who has no employment.
2. The retired employee and the public employer shall notify the system:
(a) Within 10 days after the first day of an employment or contract governed by paragraph (a);
(b) Within 30 days after the first day of an employment or contract governed by paragraph (b); and
(c) Within 10 days after a retired employee earns more than [$6,000] one-half of the average salary for participating public employees who are not police officers or firemen in any fiscal year from an employment or contract governed by paragraph (b),
of subsection 1.
3. For the purposes of this section, the average salary for participating public employees who are not police officers or firemen must be computed on the basis of the most recent actuarial valuation of the system.
4. If a retired employee is chosen by election or appointment to fill an elective public office, he is entitled to the same allowances as a retired employee who has no employment, unless he is serving in the same office in which he served and for which he received service credit as a member.
[4.] 5. The system may waive for one period of 30 days or less a retired employees disqualification under this section if the public employer certifies in writing, in advance, that the retired employee is recalled to meet an emergency and that no other qualified person is immediately available.
[5.] 6. A person who is employed by either house of the legislature or by the legislative counsel bureau is exempt from the provisions of subsection 1 and 2 during the course of the legislative session for which he is employed.
Sec. 5. NRS 286.525 is hereby amended to read as follows:
286.525 1. A retired employee who accepts employment in a position eligible for membership may enroll in the system as of the effective date of that employment. If he so enrolls : [, he:
κ1983 Statutes of Nevada, Page 483 (CHAPTER 210, AB 402)κ
(a) Forfeits] (a) He forfeits all retirement allowances for the duration of that employment.
(b) [Gains] Upon termination of the employment:
(1) He is entitled to receive, upon written request, a refund of all contributions made by him during the employment; or
(2) If he does not request the refund and the duration of the employment was at least 6 months, he gains additional service credit for that employment and is entitled to have a separate service retirement allowance calculated based on his compensation and service, effective upon the termination of that employment. This additional allowance must be added to his original allowance. The additional allowance must be under the same option and designate the same beneficiary as the original allowance.
2. The original service retirement allowance of such a retired employee must not be recalculated based upon the additional service credit, nor is he entitled to any of the rights of membership that were not in effect at the time of his original retirement. The accrual of service credit pursuant to this section is subject to the limit imposed by NRS 286.551.
Sec. 6. NRS 286.551 is hereby amended to read as follows:
286.551 1. A monthly service retirement allowance [shall] must be determined by multiplying a members average compensation by 2.5 percent for each year of service, until he becomes eligible to retire, except that:
(a) If a member who is a police officer or fireman completes 30 years of service before he reaches the age of 50 years, his eligibility for service credit ceases at the age of 50 years.
(b) If any other member completes 30 years of service before he reaches the age of 55 years, his eligibility for service credit ceases at the age of 55 years.
(c) The maximum allowance under paragraph (a) or (b) is 90 percent of average compensation. The maximum allowance under any other circumstances is 75 percent of average compensation.
2. For the purposes of this section average compensation means the average of a members 36 consecutive months of highest compensation as certified by the public employer.
3. The retirement allowance for a regular part-time employee [shall] must be computed from the salary which he would have received as a full-time employee [.] if it results in greater benefits for the employee.
A regular part-time employee is a person who earns retirement without having completed at least 36 months of consecutive full-time employment.
Sec. 7. NRS 286.590 is hereby amended to read as follows:
286.590 [1.] The alternatives to an unmodified service retirement allowance are as follows:
[(a)] 1. Option 2 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that [, except as provided in subsection 5,] it continue after his death for the life of the beneficiary whom he nominates by written designation [duly] acknowledged and filed with the board at the time of retirement should the beneficiary survive him.
κ1983 Statutes of Nevada, Page 484 (CHAPTER 210, AB 402)κ
his death for the life of the beneficiary whom he nominates by written designation [duly] acknowledged and filed with the board at the time of retirement should the beneficiary survive him.
[(b)] 2. Option 3 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that it continue after his death at one-half the rate paid to him and [, except as provided in subsection 5,] be paid for the life of the beneficiary whom he nominates by written designation [duly] acknowledged and filed with the board at the time of retirement should the beneficiary survive him.
[(c)] 3. Option 4 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that [, except as provided in subsection 5,] it continue after his death for the life of his beneficiary, whom he nominates by written designation [duly] acknowledged and filed with the board at the time of the election, should his beneficiary survive him, beginning on the attainment by the surviving beneficiary of age 60. If a beneficiary designated under this option dies after the date of the retired employees death but before attaining age 60, the contributions of the retired employee which have not been returned to him or his beneficiary must be paid to the estate of the deceased beneficiary.
[(d)] 4. Option 5 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that it continue after his death at one-half the rate paid to him and [, except as provided in subsection 5,] be paid for the life of his beneficiary whom he nominates by written designation [duly] acknowledged and filed with the board at the time of the election, should his beneficiary survive him, beginning on the attainment by the surviving beneficiary of age 60. If a beneficiary designated under this option dies after the date of the retired employees death but before attaining age 60, the contributions of the retired employee which have not been returned to him or his beneficiary must be paid to the estate of the deceased beneficiary.
[(e)] 5. Option 6 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that a specific sum per month, which cannot exceed the monthly allowance paid to the retired employee, be paid after his death to the beneficiary whom he nominates by written designation [duly] acknowledged and filed with the board at the time of retirement, should the beneficiary survive him.
[(f)] 6. Option 7 consists of a reduced service retirement allowance payable monthly during the retired employees life, with the provision that a specific sum per month, which cannot exceed the monthly allowance paid to the retired employee, be paid after his death to the beneficiary whom he nominates by written designation [duly] acknowledged and filed with the board at the time of election, should the beneficiary survive him, beginning on the attainment by the surviving beneficiary of age 60 years. If a surviving beneficiary dies after the date of the retired employees death, but before attaining age 60, all contributions of the retired employee which have not been returned to him or his beneficiary must be paid to the estate of the beneficiary.
κ1983 Statutes of Nevada, Page 485 (CHAPTER 210, AB 402)κ
contributions of the retired employee which have not been returned to him or his beneficiary must be paid to the estate of the beneficiary.
[2. If a member enters retirement status under one of the optional plans described in this section and the duly designated beneficiary predeceases the retired employee, the retired employees monthly service retirement allowance must be automatically adjusted to the unmodified service retirement allowance provided in NRS 286.551. Upon receipt of thebeneficiarys death certificate, the service retirement allowance must be adjusted beginning on the first of the month immediately following the death of the beneficiary.
3. Except as provided in subsection 5, a retired employee may not change the selected option or designated beneficiary after the effective date of retirement.
4. A retired employee who selects an unmodified service retirement allowance may relinquish his right to that allowance and apply for a refund of his remaining contributions at any time. A retired employee who selects one of options 2 to 7, inclusive, may relinquish his right and the right of the beneficiary under that option, and apply for a refund of his remaining contributions at any time. If the designated beneficiary is the spouse of the retired employee, or if the right of the beneficiary is the subject of a court order, the retired employee shall provide an acknowledged release by the beneficiary of any claim against the system or the employees contributions when applying for a refund.
5. A retired employee receiving the unmodified service retirement allowance may change his selected option and designate his current spouse as the beneficiary. The retired employee shall make this election by written designation, duly acknowledged and filed with the board and shall receive a reduced service retirement allowance actuarially based on his current allowance and his life expectancy and the life expectancy of the beneficiary. The total amount, exclusive of post-retirement allowances, paid to the retired employee and the named beneficiary pursuant to this subsection must not exceed the amount, exclusive of post-retirement allowances, which would have been paid to the retired employee if he had continued the unmodified service retirement allowance until his death.
6. A retired employee may cancel his selected option and designation of beneficiary and revert to the unmodified service retirement allowance. He shall make this election by written designation, duly acknowledged and filed with the board. The election to cancel a selected option and revert to the unmodified allowance does not abrogate any obligation of the retired employee respecting community property.]
Sec. 8. NRS 286.620 is hereby amended to read as follows:
286.620 1. A member of the system who has 5 years or more of service credit and who becomes totally unable to perform his current job or any comparable job for which he is qualified by his training and experience, because of injury or mental or physical illness of a permanent nature is eligible to apply for disability retirement if:
κ1983 Statutes of Nevada, Page 486 (CHAPTER 210, AB 402)κ
(a) Except as provided in subsection 5, his employment will be terminated because of such disability;
(b) He is in the employ of a participating public employer at the time of application for disability retirement;
(c) He proves that his disability renders him unable to perform the duties of his present position and of any other position he has held within the past year;
(d) He files a notarized application for disability retirement with the system which indicates a selection of option and to which is attached a personal statement by the member, describing the disability, the duties which he can and cannot perform, and any benefits he is entitled to receive for disability from any other public source;
(e) The public employer files an official statement certifying the members employment record, job description, work evaluations, record of disability and absences that have occurred because of the disability; and
(f) The immediate supervisor of the member files an official statement regarding the effect upon the work of the member after the disability, job functions that can and cannot be performed because of the disability, and whether or not there are alternative jobs that can be performed by the member.
2. The amount of the disability retirement allowance must be calculated in the same manner as provided for service retirement calculations in NRS 286.551, except that no reduction for the members age may be made and that the allowance must be reduced by the amount of any other benefit received from any source on account of the same disability:
(a) If such benefit is provided or was purchased by the expenditure of money by a Nevada public employer; and
(b) To the extent that the total of the unmodified benefit and the other benefit would otherwise exceed his average compensation.
3. A member may apply for disability retirement even if he is eligible for service retirement.
4. Each child of a deceased recipient of a disability retirement allowance is entitled to receive the benefits provided by NRS 286.673 only if the decedent had not reached the age and completed the service required to be eligible for a service retirement allowance, except that these benefits must not be paid to anyone who is named as a beneficiary under one of the options to an unmodified allowance.
5. If a member whose application for disability retirement has been:
(a) Approved, dies before his employment is terminated, but within 60 days after his application was approved; or
(b) Received by the system, dies before the board has acted upon his application and the board approves thereafter his application,
his beneficiary is entitled to receive an allowance under the option selected rather than the benefit otherwise provided for a survivor.
6. The termination or adjustment of a disability retirement allowance resulting from the death of a recipient of an allowance pursuant to this section must not become effective until the first day of the month immediately following the death of the recipient.
κ1983 Statutes of Nevada, Page 487 (CHAPTER 210, AB 402)κ
to this section must not become effective until the first day of the month immediately following the death of the recipient.
Sec. 9. NRS 286.667 is hereby amended to read as follows:
286.667 1. A retired employee whose service retirement allowance is payable from the police and firemens retirement fund is entitled to receive his service retirement allowance without modification.
2. Upon the death of such a person, a person who was his spouse both at the time of his retirement and the time of his death is entitled , upon attaining the age of 50 years, to receive a benefit equal to 50 percent of the service retirement allowance to which the retired employee was [eligible upon attaining the age of 50 years.] entitled.
3. This section does not apply to a person who:
(a) Begins receiving a service retirement allowance or a benefit from the police and firemens retirement fund before July 1, 1981.
(b) Is an employee of the State of Nevada.
(c) At the time of his retirement, elects one of the alternatives to an unmodified service retirement allowance.
4. Service as an employee of the state and service performed after July 1, 1981, in positions other than as a police officer or fireman, except military service, may not be credited toward the benefit conferred by this section. A police officer or fireman who has performed service which is not creditable toward this benefit may elect to:
(a) Select a retirement option other than one permitted by this section;
(b) Receive the benefit conferred by this section, with a spouses benefit reduced by proportion equal to that which the service which is not creditable bears to this total service; or
(c) Purchase the additional spouses benefit at the time he retires by paying the full actuarial cost as computed for his situation by the actuary of the system.
5. The entire cost of the benefit conferred by this section must be paid by the employee. Each employer must adjust the salaries of its employees who are eligible for the benefit to offset its cost to the employer. Employers who adjust salaries pursuant to this subsection do not by doing so violate any collective bargaining agreement or other contract.
Sec. 10. NRS 286.673 is hereby amended to read as follows:
286.673 1. Except as limited by subsection 6 of this section and NRS 286.6775, each child of a deceased member is entitled to receive the sum of $150 per month, beginning on the first day of the month following the members death.
2. Except as provided in subsections 3 and 4, payments to any child cease [upon:] on the last day of the month of:
(a) His adoption;
(b) His death;
(c) His marriage; or
(d) His attaining the age of 18 years.
3. These benefits may be paid to the child of a deceased member [up to attainment] until the last day of the month of his 23rd birthday if he was, at the time of the members death, and continues thereafter to be, a full time student in any accredited:
κ1983 Statutes of Nevada, Page 488 (CHAPTER 210, AB 402)κ
[up to attainment] until the last day of the month of his 23rd birthday if he was, at the time of the members death, and continues thereafter to be, a full time student in any accredited:
(a) High school;
(b) Vocational or technical school; or
(c) College or university.
4. These benefits may be commenced or extended indefinitely beyond a childs 18th birthday if and so long as he is determined by the system to be:
(a) Financially dependent; and
(b) Physically or mentally incompetent.
5. All benefits under this section may be paid by the system to the childs:
(a) Surviving parent; or
(b) Legal guardian.
6. The child of a member who died before May 19, 1975, is entitled to receive only $75 per month, and the maximum aggregate amount payable to three or more such children is $210 per month. If there are three or more children of a member who died before May 19, 1977, the maximum aggregate amount payable to them is $450 per month.
7. The board shall establish uniform standards and procedures for determining whether a child is:
(a) A full-time student;
(b) Financially dependent; and
(c) Physically or mentally incompetent.
Sec. 11. NRS 286.674 is hereby amended to read as follows:
286.674 1. Except as limited by subsection 2, the spouse of a deceased member is entitled to receive the sum of $200 per month. [Such payments shall begin upon] The payments must begin on the first day of the month immediately following the death of [such] the member, and [shall cease upon the death or remarriage of such spouse.] must cease on the last day of the month in which the spouse dies or remarries. If payments cease before the total amount of contributions made by the deceased member have been received by the spouse, the surplus of contributions over payments received [shall] must be paid to the spouse.
2. The spouse of a member who died before May 19, 1975, is entitled to receive only $100 per month and this only if he received at least 50 percent of his support from the member during the 6 months immediately preceding the members death.
3. The benefits paid pursuant to this section are in addition to any benefits paid pursuant to NRS 286.673.
Sec. 11.5. NRS 286.678 is hereby amended to read as follows:
286.678 Any spouse eligible for payments under the provisions of NRS 286.674 or 286.676 may elect to waive payment of a monthly allowance and to receive instead in a lump sum a refund of all contributions to the public employees retirement fund or the police and firemens retirement fund made by a deceased member plus [50 percent of] any contributions made by a public employer [on his behalf,] in lieu of the employees contributions, but if more than one person is eligible for benefits on account of the contributions of any one deceased member, no such lump sum payment may be made.
κ1983 Statutes of Nevada, Page 489 (CHAPTER 210, AB 402)κ
behalf,] in lieu of the employees contributions, but if more than one person is eligible for benefits on account of the contributions of any one deceased member, no such lump sum payment may be made.
Sec. 12. NRS 286.679 is hereby amended to read as follows:
286.679 1. If payments to a beneficiary under NRS 286.671 to 286.6791, inclusive, cease before the total contributions of a deceased member have been paid in benefits, and there is no person entitled to receive such benefits under any provision of this chapter, the surplus of such contributions over the benefits actually received may be paid in a lump sum to :
(a) The beneficiary whom the deceased member designated for this purpose in writing on a form approved by the system.
(b) If no such designation was made or the person designated is deceased, the beneficiary who previously received the payments . [, or to the estate of such beneficiary, and such]
(c) If no payment may be made pursuant to paragraphs (a) and (b), the persons entitled as heirs or residuary legatees to the estate of the deceased member.
2. A lump-sum payment [shall] made pursuant to this section fully [discharge] discharges the obligations of the system.
Sec. 13. NRS 286.680 is hereby amended to read as follows:
286.680 1. In addition to the provisions of chapter 355 of NRS, the board may invest and reinvest the [moneys] money in its funds as provided in this section, NRS 286.682 and 286.686, and may employ investment counsel for [such] that purpose. The board may also employ investment supervisory services, trust audit services and other related investment services which it deems necessary to [effectively invest] invest effectively and safeguard the [moneys] money in the systems funds.
2. No person, firm or corporation engaged in business as a broker or dealer in securities or who has a direct pecuniary interest in any such business who receives commissions for transactions performed as agent for the board is eligible for employment as investment counsel for the board.
3. The board shall not engage investment counsel unless:
(a) The principal business of the person, firm or corporation selected by the board consists of [rendering investment supervisory services, that is, the] giving [of] continuous advice as to the investment of funds on the basis of the individual needs of each client;
(b) [The ownership and control of such person, firm or corporation rests with individuals who are actively engaged in such business;
(c) Such] The person, firm or corporation and its predecessors have been continuously engaged in such a business for a period of 5 or more years;
[(d) Such] (c) The person, firm or corporation is registered as an investment adviser under the laws of the United States of America as from time to time in effect; and
[(e)] (d) The contract between the retirement board and the investment counsel is of no specific duration and is voidable at any time by either party.
κ1983 Statutes of Nevada, Page 490 (CHAPTER 210, AB 402)κ
4. The board and its individual members are not liable for investment decisions made by investment counsel if they obtain qualified investment counsel, establish proper investment objectives and policies, and issue appropriate interim directives. Investment counsel is liable for any investment decision that is not made in accordance with investment objectives and policies established by the board and any applicable interim directives.
5. The [expense of] expenses incurred in obtaining and reviewing those services pursuant to the provisions of this section [shall] and the reimbursements to employees for their expenses incurred in connection with such investment decisions must be paid out of the public employees retirement fund and the police and firemens retirement fund in proportion to their respective assets.
6. The board shall tender invitations to all Nevada banks for commercial banking and trust services, consider proposals submitted by interested banks, and consider contracts for commercial banking and trust services at least every 3 years. The board shall tender invitations for proposals for investment counseling services, consider proposals submitted by interested investment counsel who qualify under this chapter, and consider contracts for investment counseling services at least every 3 years. These contracts can be totally awarded to one firm or in part to several firms, whichever is more advantageous to the system. This subsection does not prohibit the board from awarding commercial banking, trust service or investment counseling contracts for shorter durations [,] or inclusion of necessary cancellation clauses or other stipulations in such contracts.
7. The board may accept due bills from brokers upon delivery of warrants if the certificates representing [such] the investments are not readily available.
Sec. 14. NRS 286.686 is hereby amended to read as follows:
286.686 1. The board may invest the money in its funds in real property, real property mortgages and leases of real property if the board first obtains appraisals and other studies by professionally qualified persons establishing the value of the property and the probable return on such a proposed investment.
2. The board may invest in real property mortgages or deeds of trust up to 80 percent of the appraised value of the real property if the mortgage or deed of trust is secured by a first lien on the property.
3. The board may enter into contracts as it deems necessary to execute and manage investments made pursuant to this chapter. Reimbursements to employees for their expenses incurred in evaluations [or inspections conducted with respect to proposed] of real estate investments must be paid from commitment fees or service charges paid to the system by [prospective] borrowers.
4. The board shall keep applications under this section confidential [unless and] until it finally approves the investment. Documents related to the investment then become public records, except for:
(a) Wills and trust agreements;
κ1983 Statutes of Nevada, Page 491 (CHAPTER 210, AB 402)κ
(b) Financial statements and copies or excerpts of income tax returns;
(c) Legal and financial evaluations; and
(d) Such other documents as the board determines contain information whose disclosure would invade the legitimate personal or financial privacy of the applicant.
Sec. 15. Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 and 17 of this act.
Sec. 16. 1. Any member whose employment is involuntarily terminated and who is thereafter reinstated retroactively to employment with a participating public employer by order of any administrative or judicial authority, or by the terms of any settlement agreement, so that there is no effective break in his service shall pay to the system:
(a) Any employee contributions which were refunded to him;
(b) All employee contributions which would have been made on the back pay awarded to him; and
(c) The interest on any amount due from the date on which:
(1) He received the money to be repaid pursuant to paragraph (a); and
(2) Each contribution would have been made on the money due pursuant to paragraph (b),
to the date of payment at the assumed investment income rate used in the most recent actuarial valuation of the system.
2. The employer shall deduct from any back pay awarded or granted to the member all money due pursuant to subsection 1 and forward this amount to the system. If the amount of back pay awarded or granted to the member is not sufficient to pay all of the money due pursuant to subsection 1, the member shall pay any balance due to the system under a reasonable plan for payment established by the system.
3. Upon receipt by the system of the full amount due pursuant to subsection 1, the member is entitled to all the membership rights and service credit which were canceled by his involuntary termination.
Sec. 17. 1. If a member enters retirement status under one of the optional plans described in NRS 286.590 and the designated beneficiary predeceases the retired employee, the retired employees monthly service retirement allowance must be automatically adjusted to the unmodified service retirement allowance provided in NRS 286.551.
2. A retired employee may not change the selected option or designated beneficiary after the effective date of retirement except as provided in subsection 4.
3. A retired employee who selects an unmodified service retirement allowance may relinquish his right to that allowance and apply for a refund of his remaining contributions at any time. A retired employee who selects one of the optional plans described in NRS 286.590 may relinquish his right and the right of the beneficiary under that plan and apply for a refund of his remaining contributions at any time. If the designated beneficiary is the spouse of the retired employee, or if the right of the beneficiary is the subject of a court order, the retired employee shall provide an acknowledged release by the beneficiary of any claim against the system or the employees contributions when applying for a refund.
κ1983 Statutes of Nevada, Page 492 (CHAPTER 210, AB 402)κ
any claim against the system or the employees contributions when applying for a refund.
4. A retired employee may cancel his selected option and designation of beneficiary and revert to the unmodified service retirement allowance. He shall make this election by written designation, acknowledged and filed with the board. The election to cancel a selected option and revert to the unmodified allowance does not abrogate any obligation of the retired employee respecting community property.
5. The termination or adjustment of a monthly service retirement allowance resulting from the death of a retired employee or beneficiary must not become effective until the first day of the month immediately following the death of the retired employee or beneficiary.
________
Senate Bill No. 229Committee on Government Affairs
CHAPTER 211
AN ACT relating to community redevelopment; specifying the authority of the legislative body of a community to add certain areas to a redevelopment project; exempting redevelopment agencies from limitations on certain revenues placed on local governments; specifying the method of computing taxes allocated to a redevelopment agency and a community after the merger of a redevelopment project area and a tax increment area; and providing other matters properly relating thereto.
[Approved May 5, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 279.608 is hereby amended to read as follows:
279.608 1. If at any time after the adoption of a tentative or redevelopment plan for a project area by the legislative body, it becomes necessary or desirable to amend or modify [such] the plan, the legislative body may amend [such] the plan upon the recommendation of the agency. An amendment or modification may include without limitation the addition of one or more areas to any redevelopment project which are adjacent to the project area and which benefit from the project.
2. Before recommending amendment of the plan the agency shall hold a public hearing on the proposed amendment. Notice of such hearing shall be published at least 10 days prior to the date of hearing in a newspaper of general circulation, printed and published in the community, or, if there is none, in a newspaper selected by the agency. The notice of hearing shall include a legal description of the boundaries of the area designated in the plan to be amended and a general statement of the purpose of the amendment. Copies of the notices shall be mailed to the last-known assessee of each parcel of land within such boundaries, at his last-known address as shown by the records of the assessor for the community, and to persons, firms or corporations which have acquired property within such boundaries from the agency, at his last-known address as shown by the records of the agency.
κ1983 Statutes of Nevada, Page 493 (CHAPTER 211, SB 229)κ
which have acquired property within such boundaries from the agency, at his last-known address as shown by the records of the agency.
3. If after the public hearings the agency recommends substantial changes in the plan which affect the master or community plan adopted by the planning commission or the legislative body, such changes shall be submitted to the planning commission for its report and recommendation to the legislative body within 30 days after such submission.
4. After receiving the recommendation of the agency concerning such changes in the plan, and not sooner than 30 days after the submission of changes to the planning commission, the legislative body shall hold a public hearing on the proposed amendment, notice of which hearing shall be published in a newspaper in the manner designated above for notice of hearing by the agency. If after such hearing the legislative body determines that the amendments in the plan, proposed by the agency, are necessary or desirable, the legislative body shall adopt an ordinance amending the ordinance adopting the plan thus amended.
Sec. 2. NRS 279.676 is hereby amended to read as follows:
279.676 1. Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment project each year by or for the benefit of the state, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:
(a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment project as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. [For the purpose of allocating] To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment project on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the project on the effective date.
(b) That portion of the levied taxes each year in excess of that amount must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment project. Unless the total assessed valuation of the taxable property in a redevelopment project exceeds the total assessed value of the taxable property in the project as shown by the last equalized assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment project must be paid into the funds of the respective taxing agencies.
κ1983 Statutes of Nevada, Page 494 (CHAPTER 211, SB 229)κ
collected upon the taxable property in the redevelopment project must be paid into the funds of the respective taxing agencies. When such loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment project must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
2. [Taxes ad valorem distributable to the agency entitle the agency to a share of supplemental city-county relief tax allocated to the municipality in the same proportion as the supplemental city-county relief tax payable to the municipality as a whole bears to the total of the ad valorem taxes receivable by the municipality including those received for the agency.] If a portion of the taxes is distributed to an agency, that agency is entitled to receive a portion of the supplemental city-county relief tax allocated to the municipality equal to the total amount of supplemental city-county relief tax distributed to the municipality, including the agency, less that amount which would have been distributed excluding the agency.
3. For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.
Sec. 3. NRS 279.677 is hereby amended to read as follows:
279.677 1. For the purpose of allocating taxes pursuant to NRS 279.676, a redevelopment project area under the jurisdiction of a redevelopment agency for which a redevelopment plan has been adopted and a tax increment area under the jurisdiction of a community for which a tax increment account has been created may be merged, by the amendment of each affected redevelopment plan or ordinance of the community establishing a tax increment area, upon the conditions provided in this section. [The resulting area of any converted redevelopment project must not extend beyond the exterior perimeter of the tax increment area under the jurisdiction of the community.]
2. The redevelopment plan for the converted redevelopment area must provide that [after] :
(a) The amount of taxes to be allocated to the agency pursuant to NRS 279.676 or the community must be computed separately for:
(1) The original redevelopment area, using the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan;
(2) The original tax increment area, using the assessment roll last equalized before the effective date of the ordinance unconditionally ordering the undertaking and providing for tax increment financing; and
(3) Each area, if any, added to the converted redevelopment project, using the assessment roll last equalized before the effective date of the ordinance adding the area to the project. The taxes computed under this subparagraph must be allocated to the agency.
(b) After the projects specified in the plan have been completed and any indebtedness incurred in connection with the projects has been paid, no further taxes for the converted redevelopment area are to be allocated to the agency.
κ1983 Statutes of Nevada, Page 495 (CHAPTER 211, SB 229)κ
paid, no further taxes for the converted redevelopment area are to be allocated to the agency.
[2.] 3. If the redevelopment agency or the community has, before such a merger, incurred any indebtedness on account of a constituent project area or tax increment area, the taxes attributable to that area which are allocated to the agency pursuant to NRS 279.676 or the community must be first used to comply with the terms of any resolution concerning bonds or agreement pledging the taxes from the constituent project area or tax increment area.
[3. Any taxes which were paid into a tax increment account before such a merger must be used only for the undertaking for which the tax increment area was designated.]
Sec. 4. NRS 354.5982 is hereby amended to read as follows:
354.5982 1. The maximum amount of money which a local government, except a school district [,] or a redevelopment agency, is permitted to receive from taxes ad valorem, other than those levied for the payment of bonded indebtedness and interest thereon incurred as a general or short-term obligation of the issuer, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated by:
(a) First multiplying the tax rate certified for that local government for the fiscal year ending on June 30, 1981, by its assessed valuation as equalized for the collection of taxes during the fiscal year beginning on July 1, 1981. For the purposes of this paragraph:
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) Then subtracting the estimated amount to be received by that local government from the supplemental city-county relief tax for the fiscal year for which the tax ad valorem is to be levied. For the fiscal years beginning on and after July 1, 1982, the executive director of the department of taxation shall provide this estimate to the local government on or before February 15 preceding the fiscal year to which it applies. A local government may, on or before March 1 preceding the fiscal year to which the estimate applies, appeal in writing to the interim legislative committee on local governmental finance, which may increase or decrease the estimate as it finds the facts warrant.
(c) Then reducing the amount resulting from paragraphs (a) and (b) if necessary to bring it within any applicable limit provided in this section.
2. For the fiscal years beginning on and after July 1, 1982, the maximum allowable revenue from the supplemental city-county relief tax and taxes ad valorem, combined, but excluding any tax levied ad valorem for debt service, must be calculated as follows:
(a) Assessed valuation for the preceding fiscal year, including net proceeds of mines, is added to an amount equal to the product of that assessed valuation multiplied by the percentage increase in the Consumer Price Index for the preceding calendar year.
κ1983 Statutes of Nevada, Page 496 (CHAPTER 211, SB 229)κ
proceeds of mines, is added to an amount equal to the product of that assessed valuation multiplied by the percentage increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls in the past year for that local government.
(b) The percentage increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation for the preceding year is the maximum percentage by which the combined amount allowable from the supplemental city-county relief tax and taxes ad valorem may increase over the amount allowed for the preceding year.
If the local government levies a tax ad valorem for debt service upon an obligation which has previously been repaid from another source, the combined amount which it may receive pursuant to this subsection is reduced by the amount of that tax ad valorem. If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the amount that the county may receive from the supplemental city-county relief tax is reduced by an equal amount.
3. For each fiscal year beginning on or after July 1, 1982, the revenue of the local government from taxes ad valorem, except those levied for debt service, must not exceed the amount calculated as follows:
(a) The rate must be set so that when applied to the current fiscal years assessed valuation of all property which was on the preceding fiscal years assessment roll it will produce 104.5 percent of the revenue received from taxes ad valorem in the preceding fiscal year.
(b) This rate must be applied to the total assessed valuation, including new real property, possessory interests and mobile homes, for the current fiscal year.
4. The local government may exceed the respective limits imposed by this section upon combined amounts received and upon calculated receipts from taxes ad valorem only as provided in NRS 354.5986 or if its governing body proposes to its registered voters an additional levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended, and the duration of the levy, and the proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.
5. To the maximum combined revenue otherwise allowable under this section to a local government, the interim legislative committee on local governmental finance may add its estimate of the cost to that local government of any substantial program or expense required by legislative enactment which was not in effect for all or part of the preceding fiscal year.
6. Distributions of the supplemental city-county relief tax must not be changed because actual collections of taxes ad valorem are greater or less than calculated when those taxes were levied, but any actual revenue received in excess of the maximum allowable from the combined sources must not be expended during the fiscal year in which collected, unless the interim legislative committee on local governmental finance otherwise directs.
κ1983 Statutes of Nevada, Page 497 (CHAPTER 211, SB 229)κ
or less than calculated when those taxes were levied, but any actual revenue received in excess of the maximum allowable from the combined sources must not be expended during the fiscal year in which collected, unless the interim legislative committee on local governmental finance otherwise directs.
Sec. 5. NRS 354.5986 is hereby amended to read as follows:
354.5986 1. A local government, other than a school district [,] or a redevelopment agency, whose governing body determines that unforeseen or uncontrollable conditions, existing or imminent, substantially impair its financial capacity to provide the basic services for which it was created may apply through the executive director of the department of taxation to the interim legislative committee on local governmental finance for a temporary exemption from the limitations imposed by NRS 354.5982. Such exemptions must be for no more than 2 years and must not permit the rate of levy for taxes ad valorem to increase by more than 50 cents per $100 of assessed valuation above the limitations otherwise established by NRS 354.5982.
2. In evaluating such applications, the committee shall consider the recommendation of the director of the department of taxation. The executive director and the committee shall consider, without limitation, the effect of a sudden and unusual change in population served, the construction of major public works and facilities, a significant decrease in one or more revenues from sources other than property taxes, excessive increases in the unit cost of providing services, whether present or probable, and events of an uncommon nature, such as judgments and other uninsured losses or natural disasters. The committee shall consider the general economic condition of the community and of the state and the effect of each proposal on the taxpayer, and make written findings of the facts supporting the exemption if it allows one.
Sec. 6. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:
(a) Distribute the amount specified in this paragraph among the following counties and city in the following percentages:
Percent-
Political Subdivision age
Churchill County........................................................................................ 3.23
City of North Las Vegas............................................................................ 46.52
City of Carlin............................................................................................... 2.72
Esmeralda County...................................................................................... .20
Eureka County............................................................................................ .71
City of Winnemucca.................................................................................. 5.56
City of Caliente........................................................................................... .46
City of Yerington........................................................................................ 4.77
Mineral County.......................................................................................... 9.96
κ1983 Statutes of Nevada, Page 498 (CHAPTER 211, SB 229)κ
Percent-
Political Subdivision age
City of Gabbs.............................................................................................. 4.31
Pershing County........................................................................................ 2.52
City of Lovelock......................................................................................... 5.77
White Pine County.................................................................................... 5.37
City of Ely ................................................................................................... 7.90
For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.
(b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.
2. The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable revenue, as determined pursuant to NRS 354.5982, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district [,] and any redevelopment agency, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to subsections 2 and 3 of NRS 354.5982. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it must be deposited in the reserve fund for the supplemental city-county relief tax.
3. As used in this section, the basic ad valorem revenue:
(a) Of each local government is its assessed valuation for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district.
Sec. 7. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 499κ
Assembly Bill No. 425Committee on Taxation
CHAPTER 212
AN ACT relating to the property tax; requiring the repossessor of a mobile home or slide-in camper to pay any tax owing upon repossession; and providing other matters properly relating thereto.
[Approved May 5, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.562 is hereby amended to read as follows:
361.562 1. If the purchaser or repossessor of a mobile home or slide-in camper does not pay the personal property tax thereon, upon taking or retaking possession, he shall, within 30 days from the date of its purchase [:] or repossession:
(a) Pay to the county assessor all personal property taxes which the assessor is required to collect against [such] the mobile home or slide-in camper and its contents, except as provided in subsection 3 of NRS 361.483; or
(b) Satisfy the county assessor that he owns real estate within the county of sufficient value, in the county assessors judgment, to pay the taxes on both his real and personal property. In this case, the personal property taxes which the county assessor is required to collect against the mobile home or slide-in camper and its contents for the fiscal year in which it is purchased, may be collected all at once or by installments as permitted by NRS 361.483 for property assessed upon the real property tax roll.
2. The county assessor shall collect the tax required to be paid by subsection 1, in the manner prescribed by law for the collection of other personal property taxes, except as provided in paragraph (b) of subsection 1 and except as to mobile homes as provided in subsection 3 of NRS 361.483.
Sec. 2. NRS 361.5643 is hereby amended to read as follows:
361.5643 1. Except as provided in subsection 2, upon compliance by the purchaser or repossessor of a slide-in camper or the purchaser or repossessor of a mobile home with the provisions of NRS 361.562, 361.563 or 361.5642 the county assessor shall:
(a) Deliver forthwith to the purchaser or repossessor of a mobile home, as well as annually thereafter upon payment of the tax, a sticker which [shall] must be of a design and affixed in such manner as [shall be] is prescribed by the department;
(b) Deliver forthwith to the purchaser or repossessor of a slide-in camper, as well as annually thereafter upon payment of the tax, a tax plate or a sticker which [shall] must be of a design and affixed in such manner as [shall be] is prescribed by the department.
2. Upon payment of a quarterly installment, the county assessor shall issue the appropriate decal.
3. The county assessor shall issue each year to the owner of a camper-shell not subject to taxation under the provisions of this chapter a tax plate or sticker similar to that provided in paragraph (b) of subsection 1, which the owner shall affix to the camper-shell in the manner prescribed by the department.
κ1983 Statutes of Nevada, Page 500 (CHAPTER 212, AB 425)κ
camper-shell not subject to taxation under the provisions of this chapter a tax plate or sticker similar to that provided in paragraph (b) of subsection 1, which the owner shall affix to the camper-shell in the manner prescribed by the department.
Sec. 3. NRS 361.5644 is hereby amended to read as follows:
361.5644 1. If the purchaser , repossessor or other owner of a mobile home or slide-in camper fails to comply with the provisions of subsection 1 of NRS 361.562 or with the provisions of NRS 361.563 or 361.5642 within the required time the county assessor shall collect a penalty, which [shall] must be added to the tax and collected therewith in the amount of 10 percent of the tax due, plus:
(a) If the tax on a mobile home is paid within 1 month after it is due, $3, and if paid on any unit or vehicle mentioned in subsection 4 of NRS 361.561 within 1 month, $1.
(b) If the tax on a mobile home is paid more than 1 month after it is due, $3 for each full month or final fraction of a month which has elapsed, and if paid on any unit or vehicle mentioned in subsection 4 of NRS 361.561 more than 1 month after it is due, $1 for each such month.
2. If any person required to pay a personal property tax under the provisions of NRS 361.562, 361.563 or 361.5642 neglects or refuses to pay [such] the tax on demand of the county assessor, the county assessor or his deputy shall seize the mobile home or slide-in camper upon which [such] the taxes are due and proceed in accordance with the provisions of NRS 361.535.
3. The tax is due and the tax and any penalty [shall] must be computed for each fiscal year from:
(a) The date of purchase within or importation into this state, under NRS 361.562 and 361.563.
(b) July 1, under NRS 361.5642.
________
Senate Bill No. 249Committee on Transportation
CHAPTER 213
AN ACT relating to drivers licenses; providing for flexibility in the time to renew a drivers license; and providing other matters properly relating thereto.
[Approved May 5, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.380 is hereby amended to read as follows:
483.380 1. Every drivers license expires on the fourth anniversary of the licensees birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 in a leap year is, for the purposes of NRS 483.010 to 483.630, inclusive, considered to have the anniversary of his birth fall on February 28.
κ1983 Statutes of Nevada, Page 501 (CHAPTER 213, SB 249)κ
NRS 483.010 to 483.630, inclusive, considered to have the anniversary of his birth fall on February 28.
2. Every license is renewable [during a 90-day period] at any time before its expiration upon application and payment of the required fee . [, and, except as provided in subsection 6, each applicant for renewal shall appear before a drivers license examiner and successfully pass a test of his eyesight.
2. No later than 30 days prior to the expiration of his license, the drivers license division of the department shall mail to each licensee who has not already renewed his license an expiration notice. The department may require an applicant for a renewal license successfully to pass such additional tests as the department finds reasonably necessary to determine his qualification according to the type or class of license applied for.
3. If the administrator or his duly authorized agent has reason to believe that the licensee is no longer qualified to receive a license because of his physical condition, the department may require that the applicant submit to an examination pursuant to the provisions of NRS 483.330. The age of a licensee, by itself, does not constitute grounds for requiring an examination of driving qualifications.
4. All persons whose licenses have expired may be required by the department, whenever good cause appears, to take all or part of the regular examinations as set forth in NRS 483.330, and all persons whose licenses have expired for a period of 30 days or more shall pay to the department the penalty provided in NRS 483.410 in addition to the cost of renewing the license with the exception of the following persons who are exempt from the foregoing penalty:
(a) Persons who have not driven a motor vehicle subsequent to the expiration of their Nevada drivers license and who submit an affidavit stating such fact;
(b) Persons renewing an expired Nevada drivers license who have in their possession a valid drivers license from another jurisdiction; and
(c) Persons whose Nevada drivers license has expired during a period of suspension, if a renewal application is completed within 30 days from the date of eligibility for renewal.
5.] 3. The department may, by regulation, defer the expiration of the drivers license of a person who is on active duty in the Armed Forces upon such terms and conditions as it may prescribe. The department may similarly defer the expiration of the license of the spouse or dependent son or daughter of [such] that person if the spouse or child is residing with the person.
[6. The department may provide by regulation for the acceptance of a report from an ophthalmologist or optometrist in lieu of an eye test by a drivers license examiner if the applicant is unable to appear in person during the required time because of absence from the state or other good cause.]
Sec. 2. NRS 483.410 is hereby amended to read as follows:
483.410 1. For every drivers license, including a motorcycle drivers license, issued and service performed the following fees must be charged:
κ1983 Statutes of Nevada, Page 502 (CHAPTER 213, SB 249)κ
A license issued to a person 70 years of age or older.................................. $2
An original license issued to any other person............................................ 9
A renewal license issued to any other person.............................................. 6
Reinstatement of a license after suspension, revocation or cancellation. 15
A duplicate license, new photograph, change of name, change of address or any combination.................................................................................................. 2
2. For every motorcycle endorsement to a drivers license a $2 fee must be charged.
3. The increase in fees authorized by NRS 483.347 must be paid in addition to the fees charged pursuant to subsections 1 and 2.
4. A penalty of $5 must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in [NRS 483.380] section 6 of this act unless he is exempt under [NRS 483.380.] that section.
5. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
6. All money collected by the department under this chapter must be deposited in the state treasury for credit to the motor vehicle fund. When directed by the department, the state controller shall transfer on a semimonthly basis to the state general fund all money collected under this chapter except the increase in fees authorized by NRS 483.347.
Sec. 3. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 4, 5 and 6 of this act.
Sec. 4. 1. No later than 30 days before the expiration of his license, the drivers license division of the department shall mail to each licensee who has not already renewed his license an expiration notice.
2. The department may require an applicant for a renewal license successfully to pass such additional test as the department finds reasonably necessary to determine his qualification according to the type or class of license applied for.
Sec. 5. 1. Except as provided in this subsection, each applicant for a renewal license shall appear before an examiner for a drivers license and successfully pass a test of his eyesight. The department may accept, in lieu of an eye test, a report from an ophthalmologist, optometrist or agency of another state which has duties comparable to those of the department if the reported test was performed within 90 days before the application for renewal.
2. If the administrator or his authorized agent has reason to believe that the licensee is no longer qualified to receive a license because of his physical condition, the department may require that the applicant submit to an examination pursuant to the provisions of NRS 483.330. The age of a licensee, by itself, does not constitute grounds for requiring an examination of driving qualifications.
Sec. 6. All persons whose licenses have expired may be required by the department, whenever good cause appears, to take all or part of the regular examinations as set forth in NRS 483.330, and all persons whose licenses have expired for a period of 30 days or more shall pay to the department the penalty provided in NRS 483.410 in addition to the cost of renewing the license except that the following persons are exempt from this penalty:
κ1983 Statutes of Nevada, Page 503 (CHAPTER 213, SB 249)κ
whose licenses have expired for a period of 30 days or more shall pay to the department the penalty provided in NRS 483.410 in addition to the cost of renewing the license except that the following persons are exempt from this penalty:
1. A person who has not driven a motor vehicle after the expiration of his Nevada drivers license and who submits an affidavit stating that fact;
2. A person renewing an expired Nevada drivers license who possesses a valid drivers license from another jurisdiction; and
3. A person whose Nevada drivers license expires during a period of suspension if he completes a renewal application within 30 days after the date of eligibility for renewal.
Sec. 7. NRS 486.161 is hereby amended to read as follows:
486.161 1. Except as provided in subsection [2,] 4, every motorcycle drivers license expires on the fourth anniversary of the licensees birthday, measured in the case of an original license, a renewal license or a license renewing an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 is, for the purposes of NRS 486.011 to 486.381, inclusive, considered to have the anniversary of his birth fall on February 28.
2. Every license is renewable [on or during a 90-day period] at any time before its expiration upon application and payment of the required fee . [, and except as provided in subsection 2 of NRS 486.131, each applicant for renewal shall appear before a drivers license examiner and successfully pass a test of his eyesight.] Every motorcycle endorsement to a drivers license issued on or after January 1, 1972, simultaneously with the expiration of the drivers license.
[2.] 3. Except as provided in subsection 2 of NRS 486.131, each applicant for renewal shall appear before an examiner for a drivers license and successfully pass a test of his eyesight.
4. Any person who has been issued a drivers license without having the authority to drive a motorcycle endorsed thereon shall, before driving a motorcycle, successfully pass a driving test conducted by the department and have the authority endorsed upon his license.
________
κ1983 Statutes of Nevada, Page 504κ
Assembly Bill No. 173Committee on Education
CHAPTER 214
AN ACT relating to programs of special education for handicapped persons; simplifying the process of applying for benefits under certain such programs; and providing other matters properly relating thereto.
[Approved May 4, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 395.030 is hereby amended to read as follows:
395.030 1. An adult handicapped person eligible to receive benefits under this chapter or a parent, guardian or other person having the care, custody or control of a handicapped person who is eligible may file an application for those benefits with the board of trustees of the [county] school district in which the handicapped person is a resident. [The application must contain the applicants sworn statement that he is eligible to receive the benefits provided by this chapter and that to the best of his knowledge a special education program for his particular handicap and grade or level of education is not available within his school district.]
2. If the board of trustees is satisfied [that the statements contained in the application are true, the board shall certify] that an appropriate special education program for the particular handicap and grade or level of education of the handicapped person is not available in the [county] school district [in which the handicapped person is a resident] , the board shall certify that fact and transmit the application to the superintendent of public instruction.
________
Senate Bill No. 140Senator Jacobsen
CHAPTER 215
AN ACT relating to disposal of radioactive waste; increasing the permissible penalty for transportation without the proper packaging and labeling; and providing other matters properly relating thereto.
[Approved May 5, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 459.221 is hereby amended to read as follows:
459.221 1. A shipper or producer of radioactive waste, or a broker who receives such waste from another person for the purpose of disposal, shall not dispose of the waste in this state until he obtains a license from the health division to use the disposal area. The health division shall order a shipment of such waste from an unlicensed shipper or broker to be returned to him, except for a package which has leaked or spilled its contents, unless the package has been securely repackaged for return.
κ1983 Statutes of Nevada, Page 505 (CHAPTER 215, SB 140)κ
leaked or spilled its contents, unless the package has been securely repackaged for return.
2. The health division shall issue a license to use a disposal area to a shipper or broker who demonstrates to the satisfaction of the division that he will package and label the waste he transports or causes to be transported to the disposal area in conformity with the regulations of the state board of health. The director of the department of human resources may designate third parties to inspect and make recommendations concerning such shippers and brokers and their shipments.
3. A shipper or broker violates this section if he transports or causes to be transported to a disposal area any such waste:
(a) Which is not packaged or labeled in conformity with regulations of the state board of health;
(b) Which is not accompanied by a bill of lading or other shipping document prescribed by that board; or
(c) Which leaks or spills from its package, unless, by way of affirmative defense, the shipper or broker proves that the carrier of the waste was responsible for the leak or spill,
and if licensed by the health division, he may be assessed an administrative penalty by the health division of not more than [$2,500,] $5,000, or if not licensed, he is guilty of a misdemeanor.
4. Each container of such waste which is not properly packaged or labeled, or leaks or spills its contents, constitutes a separate violation, but the total amount of the penalty or fine for any one shipment must not exceed [$10,000.] $20,000. The health division in assessing an administrative penalty, or the court in imposing a fine for a misdemeanor , [violation,] shall consider the substantiality of the violation and the injury or risk of injury to persons or property in this state.
5. The health division, or the board pursuant to NRS 459.100, may suspend or revoke a license to use a disposal area if it finds that the licensee has violated any provision of this chapter. If a license has been revoked or suspended, it may be reinstated only if the licensee demonstrates to the health division that he will comply with the provisions of this chapter in all future shipments of waste.
________
κ1983 Statutes of Nevada, Page 506κ
Senate Bill No. 151Senator Robinson (by request)
CHAPTER 216
AN ACT relating to mental health and mental retardation; designating certain registered nurses as persons professionally qualified in the field of psychiatric mental health; and providing other matters properly relating thereto.
[Approved May 6, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433.154 is hereby amended to read as follows:
433.154 [Mental health professional] Person professionally qualified in the field of psychiatric mental health means:
1. A psychiatrist licensed to practice medicine in the State of Nevada;
2. A psychologist certified to practice in this state or employed as such by the division; or
3. A social worker who holds a masters degree in social work, or is a candidate for that degree and is employed by the division [.] ; and
4. A registered nurse who holds a masters degree in the field of psychiatric nursing and is employed by the division.
Sec. 2. NRS 433.344 is hereby amended to read as follows:
433.344 The division may contract with appropriate [mental health professionals] persons professionally qualified in the field of psychiatric mental health to provide inpatient and outpatient care for mentally ill and mentally retarded persons when it appears that they can be treated best in that manner.
Sec. 3. NRS 433A.160 is hereby amended to read as follows:
433A.160 1. Application for an emergency admission of an allegedly mentally ill person for evaluation and observation may only be made by a duly accredited agent of the department, an officer authorized to make arrests in the State of Nevada or a physician, psychologist, social worker or [public health] registered nurse. The agent, officer, physician, psychologist, social worker or [public health] registered nurse may take an allegedly mentally ill person into custody without a warrant for the purpose of making an application for emergency admission for evaluation, observation and treatment under NRS 433A.150 and may transport the person or arrange the transportation for him with a local law enforcement agency to a public or private mental health facility for the purposes of making [such] the application.
2. The application [shall] must reveal the circumstances under which the person was taken into custody and the reasons therefor.
3. For the purposes of subsection 1, duly accredited agent of the department means any person appointed or designated by the director of the department to take into custody and transport to a mental health facility pursuant to subsections 1 and 2 those persons in need of emergency admission.
κ1983 Statutes of Nevada, Page 507 (CHAPTER 216, SB 151)κ
4. Any person who has reason to believe that another person is mentally ill and because of such illness is likely to harm himself or others if he is not immediately detained or that [such] the person is gravely disabled by mental illness, may apply to the district attorney of the county where the allegedly mentally ill person is found, and the district attorney may, if satisfied that the person is likely to harm himself or others or is gravely disabled as defined in subsection 2 of NRS 433.194:
(a) Issue an order to any peace officer for the immediate apprehension of [such] the person and his transportation to a public or private mental health facility; and
(b) Make application for the admission of [such] the person under the emergency admission provisions of NRS 433A.150.
Sec. 4. NRS 433A.240 is hereby amended to read as follows:
433A.240 1. After the filing of a petition to commence proceedings for involuntary court-ordered admission of a person pursuant to NRS 433A.200 or 433A.210, the court shall promptly cause two or more physicians or certified psychologists, one of whom [shall] must always be a physician, to examine the person alleged to be mentally ill, or request an evaluation [from a multiple disciplinary] by an evaluation team from the division of the person alleged to be mentally ill.
2. For the purpose of conducting the examination of a person who is not at a mental health facility under emergency admission pursuant to NRS 433A.150, the court may order a peace officer to take the [individual] person into protective custody and transport him to a mental health facility or hospital where he may be detained until a hearing is had upon the petition.
3. Unless the [individual] person is admitted under an emergency admission pursuant to NRS 433A.150, he may be allowed to remain in his home or other place of residence pending an ordered examination or examinations and to return to his home or other place of residence upon completion of the examination or examinations. The [individual] person may be accompanied by one or more of his relations or friends to the place of examination.
Sec. 5. NRS 433A.250 is hereby amended to read as follows:
433A.250 1. The administrator shall establish such [multiple disciplinary] evaluation teams as are necessary to aid the courts under NRS 433A.240 and 433A.310.
2. Each team [shall] must be composed of a psychiatrist and other [mental health professionals] persons professionally qualified in the field of psychiatric mental health who are representative of the division , selected from personnel in the division.
3. When performing as members of the team under NRS 433A.240 and 433A.310, [such] those persons [shall] are entitled to receive the per diem expense allowance and travel expenses provided by law. Fees for [such] the evaluations [shall] must be established and collected as set forth in NRS 433.414.
κ1983 Statutes of Nevada, Page 508 (CHAPTER 216, SB 151)κ
Sec. 6. NRS 433A.310 is hereby amended to read as follows:
433A.310 1. If the district court finds, after proceedings for involuntary court-ordered admission:
(a) That there is not clear and convincing evidence that the person with respect to whom the hearing was held is mentally ill or exhibits observable behavior that he is likely to harm himself or others if allowed to remain at liberty, or that he is gravely disabled, the court shall enter its finding to that effect and the person must not be involuntarily detained in a mental health facility.
(b) That there is clear and convincing evidence that the person with respect to whom the hearing was held is mentally ill and, because of that illness, is likely to harm himself or others if allowed to remain at liberty, or is gravely disabled, the court may order the involuntary admission of the person for the most appropriate course of treatment.
2. An involuntary admission pursuant to paragraph (b) of subsection 1 automatically expires at the end of 6 months if not terminated previously by the medical director of the mental health facility as provided for in subsection 2 of NRS 433A.390. At the end of the court-ordered treatment period, the division or any nondivision mental health facility may petition to renew the detention of the person for additional periods of time not to exceed 6 months each. For each renewal, the petition must set forth to the court specific reasons why further treatment would be in the persons own best interests.
3. Before issuing an order for involuntary admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive environment as suggested by the divisions evaluation team , or other [qualified mental health professionals] persons professionally qualified in the field of psychiatric mental health, which the court believes may be in the best interests of the person.
Sec. 7. NRS 433A.390 is hereby amended to read as follows:
433A.390 1. When a client, involuntarily admitted to a mental health facility by court order, is released at the end of the period of time specified pursuant to NRS 433A.310, written notice [shall] must be given to the admitting court at least 10 days prior to the release of the client. The client may then be released without requiring further orders of the court.
2. An involuntarily court-admitted client may be released prior to the time period specified in NRS 433A.310 when:
(a) An evaluation team established under NRS 433A.250 or two [mental health professionals,] persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, determines that the client has recovered from his mental illness or has improved to such an extent that he is no longer considered a danger to himself or others and is not gravely disabled; and
(b) Under advisement from the evaluation team or two [mental health professionals,] persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, the medical director of the mental health facility authorizes the release and gives written notice to the admitting court 10 days prior to the release of the client.
κ1983 Statutes of Nevada, Page 509 (CHAPTER 216, SB 151)κ
Sec. 8. NRS 433A.450 is hereby amended to read as follows:
433A.450 When a psychiatrist and one other [mental health professional] person professionally qualified in the field of psychiatric mental health determines that an offender confined in an institution of the department of prisons is mentally ill, the director of the department of prisons shall apply to the administrator for the offenders detention and treatment at a division facility selected by the administrator. If the administrator determines that adequate security or treatment is not available in a division facility, the administrator shall provide, within the resources available to the division and as he deems necessary, consultation and other appropriate services for the offender at the place where he is confined. It is the directors decision whether to accept such services.
Sec. 9. NRS 436.160 is hereby amended to read as follows:
436.160 The county board, with the approval of a majority of the governing body, shall appoint a county director, who [shall be a qualified mental health professional.] must be a person professionally qualified in the field of psychiatric mental health. The choice of appointing a physician or one who is not a physician rests with the county board, and in making such choice the county board shall consider the duties that the county director is expected to perform.
________
Assembly Bill No. 261Committee on Commerce
CHAPTER 217
AN ACT relating to contractors; authorizing the state contractors board to issue a cease and desist order to a person acting as a contractor without a license; removing bankruptcy as a ground for disciplinary action; providing a penalty; and providing other matters properly relating thereto.
[Approved May 6, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.212 is hereby amended to read as follows:
624.212 1. The board may issue an order to cease and desist to any person acting as a contractor without a license. The order must be served personally or by certified mail and is effective upon receipt.
2. When it appears that any person has engaged in acts or practices which constitute a violation of this chapter [,] or the violation of an order issued pursuant to subsection 1, the board may request the district attorney of the county in which the alleged violation occurred, or the district attorney of any other county in which that person maintains a place of business or resides, to apply on behalf of the board to the district court for an injunction restraining him from acting in violation of this chapter, and upon a proper showing, a temporary restraining order, a preliminary injunction or a permanent injunction may be granted. The board as plantiff in any such action is not required to prove any irreparable injury.
κ1983 Statutes of Nevada, Page 510 (CHAPTER 217, AB 261)κ
3. If the court finds that the person willfully violated an order issued pursuant to subsection 1, it shall impose a fine of not less than $250 nor more than $1,000 for each violation of the order.
Sec. 2. NRS 624.3016 is hereby amended to read as follows:
624.3016 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. [The doing of any] Any willful, fraudulent or deceitful act [as] of a contractor whereby substantial injury [has been] is sustained by another.
2. [An adjudication of bankruptcy or the confirmation of any other proceeding under the federal bankruptcy laws, including:
(a) A composition, arrangement or reorganization proceeding;
(b) The appointment of a receiver of the property of a licensee under the laws of this state or the United States; or
(c) The making of an assignment for the benefit of creditors.
3.] A conviction of a felony or a crime involving moral turpitude.
Sec. 3. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Assembly Bill No. 389Assemblymen Ham, Berkley, Zimmer and Swain
CHAPTER 218
AN ACT relating to controlled substances; increasing the penalty for selling controlled substances to minors and for proximately causing the death of a minor by such a sale; and providing other matters properly relating thereto.
[Approved May 6, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 or 3 of this act.
Sec. 2. If the death of a minor was proximately caused by a controlled substance which was sold to him by another person in violation of this chapter, the seller is guilty of murder of the second degree.
Sec. 3. Unless a greater penalty is provided in section 2 of this act, any person who is convicted of selling a controlled substance to a minor in violation of this chapter shall be punished for a second or subsequent violation by imprisonment in the state prison for life, and may be further punished by a fine of not more than $20,000.
Sec. 4. NRS 453.321 is hereby amended to read as follows:
453.321 1. Except as authorized by the provisions of NRS 453.011 to 453.551, inclusive, it is unlawful for any person to import, transport, manufacture, compound, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance or to offer or attempt to do any such act.
2. [If] Unless a greater penalty is provided in section 2 or 3 of this act, if any person violates subsection 1 and the controlled substance is classified in schedule I or II, he shall be punished:
κ1983 Statutes of Nevada, Page 511 (CHAPTER 218, AB 389)κ
this act, if any person violates subsection 1 and the controlled substance is classified in schedule I or II, he shall be punished:
(a) For the first offense, by imprisonment in the state prison for life or for a definite term of not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $20,000.
(b) For a second offense, or if, in the case of a first conviction under this subsection, the offender has previously been convicted of an offense under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to an offense under this section, by imprisonment in the state prison for life or for a definite term of not less than 5 years nor more than 20 years and may be further punished by a fine of not more than $20,000.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to an offense under this section, by imprisonment in the state prison for life or for a definite term of not less than 15 years and may be further punished by a fine of not more than $20,000 for each offense.
3. The court shall not grant probation to or suspend the sentence of any person convicted under subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2.
4. [If] Unless a greater penalty is provided in section 2 or 3 of this act, if any person violates subsection 1, and the controlled substance is classified in schedule III, IV or V, he shall be punished:
(a) For the first offense, by imprisonment in the state prison for life or for a definite term of not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.
(b) For a second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a violation of this section, by imprisonment in the state prison for life or for a definite term of not less than 2 years nor more than 15 years and may be further punished by a fine of not more than $15,000.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a violation of this section, by imprisonment in the state prison for life or for a definite period of not less than 5 years nor more than 20 years and may be further punished by a fine of not more than $20,000 for each offense.
5. The court shall not grant probation to or suspend the sentence of any person convicted under subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.
Sec. 5. NRS 453.348 is hereby amended to read as follows:
453.348 In any proceeding brought under NRS 453.316, 453.321, 453.337, 453.338 , [or] 453.401 [,] or section 2 or 3 of this act, any previous convictions of the offender for a felony relating to controlled substances must be alleged in the indictment or information charging the primary offense, but the conviction may not be alluded to on the trial of the primary offense nor may any evidence of the previous offense be produced in the presence of the jury except as otherwise prescribed by law.
κ1983 Statutes of Nevada, Page 512 (CHAPTER 218, AB 389)κ
453.337, 453.338 , [or] 453.401 [,] or section 2 or 3 of this act, any previous convictions of the offender for a felony relating to controlled substances must be alleged in the indictment or information charging the primary offense, but the conviction may not be alluded to on the trial of the primary offense nor may any evidence of the previous offense be produced in the presence of the jury except as otherwise prescribed by law. If the offender pleads guilty to or is convicted of the primary offense but denies any previous conviction charged, the court shall determine the issue after hearing all relevant evidence. A certified copy of a conviction of a felony is prima facie evidence of the conviction.
Sec. 6. NRS 200.010 is hereby amended to read as follows:
200.010 Murder is the unlawful killing of a human being, with malice aforethought, either express or implied [.] , or caused by a controlled substance which was sold to a minor in violation of chapter 453 of NRS. The unlawful killing may be effected by any of the various means by which death may be occasioned.
________
Assembly Bill No. 421Assemblyman Getto
CHAPTER 219
AN ACT relating to nurses; increasing the maximum fees which may be charged by the state board of nursing; and providing other matters properly relating thereto.
[Approved May 6, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 632.345 is hereby amended to read as follows:
632.345 1. The board shall establish and may amend a schedule of fees and charges for the following items and within the following ranges:
Not less than Not more than
Application for license to practice professional nursing (registered nurse)................................................................. $45 [$65] $100
Application for license as a practical nurse........... 30 [50] 90
Application for temporary license to practice professional nursing (registered nurse) which fee must be credited toward the fee required for a regular license, if the
κ1983 Statutes of Nevada, Page 513 (CHAPTER 219, AB 421)κ
Not less than Not more than
applicant applies for a license.................................. 15 [30] 50
Application for temporary license as a practical nurse, which fee must be credited toward the fee required for a regular license, if the applicant applies for a license.............. 10 [20] 45
Biennial fee for renewal of a license........................ 15 [30] 50
Fee for reinstatement of a license............................ 10 [20] 100
Application for recognition as [a professional nurse qualified to perform additional acts] an advanced practitioner of nursing............................................................... 30 [60] 100
Biennial fee for renewal of recognition................... 15 [30] 50
Examination fee for registered nurses license...... 20 [30] 100
Examination fee for practical nurses license......... 10 [20] 90
Rewriting examination for registered nurses license 20 [30] 100
Rewriting examination for practical nurses license 10 [20] 90
Duplicate license........................................................ 5 [10] 30
Proctoring examination for candidate from another state 25 [50] 150
Fee for approving one continuing education course 10 [20] 50
Fee for reviewing one continuing education course which has been changed since approval......................... 5 [10] 30
Annual fee for approval of all continuing education courses offered................................................................ 100 [150] 500
2. The board may collect the fees and charges established pursuant to this section, and those fees or charges may not be refunded.
________
κ1983 Statutes of Nevada, Page 514κ
Senate Bill No. 183Committee on Taxation
CHAPTER 220
AN ACT relating to the taxes on liquor; temporarily increasing the rates of the excise taxes; and providing other matters properly relating thereto.
[Approved May 6, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 369.330 is hereby amended to read as follows:
369.330 Except as otherwise provided in this chapter, an excise tax is hereby levied and must be collected respecting all liquor and upon the privilege of importing, possessing, storing or selling liquor, according to the following rates and classifications:
1. On liquor containing more than 22 percent of alcohol by volume, $2.05 per wine gallon or proportionate part thereof.
2. On liquor containing more than 14 percent up to and including 22 percent of alcohol by volume, [50] 75 cents per wine gallon or proportionate part thereof.
3. On liquor containing from one-half of 1 percent up to and including 14 percent of alcohol by volume, [30] 40 cents per wine gallon or proportionate part thereof.
4. On all malt beverage liquor brewed or fermented and bottled in or outside this state, [6] 9 cents per gallon.
Sec. 2. NRS 369.330 is hereby amended to read as follows:
369.330 Except as otherwise provided in this chapter, an excise tax is hereby levied and must be collected respecting all liquor and upon the privilege of importing, possessing, storing or selling liquor, according to the following rates and classifications:
1. On liquor containing more than 22 percent of alcohol by volume, $2.05 per wine gallon or proportionate part thereof.
2. On liquor containing more than 14 percent up to and including 22 percent of alcohol by volume, [75] 50 cents per wine gallon or proportionate part thereof.
3. On liquor containing from one-half of 1 percent up to and including 14 percent of alcohol by volume, [40] 30 cents per wine gallon or proportionate part thereof.
4. On all malt beverage liquor brewed or fermented and bottled in or outside this state, [9] 6 cents per gallon.
Sec. 3. 1. This section and section 1 of this act shall become effective June 1, 1983.
2. Section 2 of this act shall become effective on July 1, 1985.
________
κ1983 Statutes of Nevada, Page 515κ
Assembly Bill No. 385Committee on Ways and Means
CHAPTER 221
AN ACT relating to the tax on slot machines; transferring part of the tax to the University of Nevada System for its general operations; and providing other matters properly relating thereto.
[Approved May 6, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.
2. The commission shall:
(a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school fund, the capital construction fund for higher education and the special capital construction fund for higher education, hereby created in the state treasury, in the amounts and to be expended only for the purposes specified in this section.
4. During each fiscal year the state treasurer shall deposit the tax paid over to him by the commission as follows:
(a) The first [$5 million] $5,000,000 of the tax in the capital construction fund for higher education;
(b) Twenty percent of the tax in the special capital construction fund for higher education; and
(c) The remainder of the tax in the state distributive school fund.
5. [When specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the purpose of constructing capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community college division. As used in this subsection, construction includes but is not limited to planning, design, site acquisition and development, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling.
κ1983 Statutes of Nevada, Page 516 (CHAPTER 221, AB 385)κ
and remodeling. Any money remaining in either construction fund at the end of a fiscal year does not revert to the general fund in the state treasury but remains in those funds for authorized expenditure.] There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education.
6. The money deposited in the state distributive school fund under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
7. The board of regents of the University of Nevada may use any unappropriated money in the [capital construction fund for higher education and the] special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities , whether issued before , on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.
Sec. 2. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.
2. The commission shall:
(a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuring fiscal year beginning July 1, from a licensee whose operation is continuing.
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school fund, the capital construction fund for higher education and the special capital construction fund for higher education, hereby created in the state treasury, in the amounts and to be expended only for the purposes specified in this section.
4. During each fiscal year the state treasurer shall deposit the tax paid over to him by the commission as follows:
κ1983 Statutes of Nevada, Page 517 (CHAPTER 221, AB 385)κ
(a) The first $5,000,000 of the tax in the capital construction fund for higher education;
(b) Twenty percent of the tax in the special capital construction fund for higher education; and
(c) The remainder of the tax in the state distributive school fund.
5. [There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education.] When specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community colleges of the University of Nevada System. As used in this subsection, construction includes but is not limited to planning, design, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the general fund in the state treasury but remains in those funds for authorized expenditure.
6. The money deposited in the state distributive school fund under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
7. The board of regents of the University of Nevada may use any [unappropriated] money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.
Sec. 3. Section 2 of this act shall become effective on July 1, 1985.
________
κ1983 Statutes of Nevada, Page 518κ
Assembly Bill No. 96Assemblymen Swain, Collins, Chaney and Craddock
CHAPTER 222
AN ACT relating to discrimination in employment; restricting the procedure for resorting to district court; removing certain powers of the labor commissioner; and providing other matters properly relating thereto.
[Approved May 9, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 613.420 is hereby amended to read as follows:
613.420 [Any person injured by] If the Nevada equal rights commission does not conclude that an unfair employment practice within the scope of NRS 613.310 to 613.400, inclusive, [or the Nevada equal rights commission,] has occurred, any person alleging such a practice may apply to the district court for an order granting or restoring to [such] that person the rights to which he is entitled under [such] those sections.
Sec. 2. NRS 613.430 is hereby amended to read as follows:
613.430 No action authorized by NRS 613.420 may be brought [after the expiration of] more than 180 days [from] after the date of the act complained of. When a complaint is filed with the Nevada equal rights commission [pursuant to NRS 613.405, or with the labor commissioner pursuant to NRS 613.415,] the limitation provided by this section is tolled as to any action authorized by NRS 613.420 during the pendency of [such] the complaint before the commission . [or the labor commissioner.]
Sec. 3. NRS 613.415 is hereby repealed.
________
Assembly Bill No. 190Assemblymen DuBois, Malone, Berkley, Sedway, Bilyeu, Nicholas, Marvel, Nevin, Beyer, Craddock, Zimmer, Joerg and Swain
CHAPTER 223
AN ACT relating to the justification of inflicting death or injury; enlarging and further defining the circumstances which constitute justification; and providing other matters properly relating thereto.
[Approved May 9, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.120 is hereby amended to read as follows:
200.120 Justifiable homicide is the killing of a human being in necessary self-defense, or in defense of habitation, property or person, against one who manifestly intends, or endeavors, by violence or surprise, to commit a felony, or against any person or persons who manifestly intend and endeavor, in a violent, riotous , [or] tumultuous or surreptitious manner, to enter the habitation of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein.
κ1983 Statutes of Nevada, Page 519 (CHAPTER 223, AB 190)κ
surreptitious manner, to enter the habitation of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein.
Sec. 2. Chapter 200 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In addition to any other circumstances recognized as justification at common law, the infliction or threat of bodily injury is justifiable, and does not constitute mayhem, battery or assault, if done under circumstances which would justify homicide.
________
Senate Bill No. 292Senators Raggio, Mello, Wagner, Townsend, Wilson, Glover and Glaser
CHAPTER 224
AN ACT relating to the property tax; extending the statement of personal property made for the purposes of assessment to include property possessed, controlled or managed by the person making the statement; excluding certain property from the report of property in transit which is reconsigned to a final destination in Nevada; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.175 is hereby amended to read as follows:
361.175 If any [such] personal property in transit through this state is reconsigned to a final destination in the State of Nevada, the warehouseman shall file a monthly report with the county assessor of the county in which the warehouse is located, in the form and manner prescribed by the department [.] , unless it is personal property which is exempt from taxation. All [such] property so reconsigned [shall] and reported must be assessed and taxed.
Sec. 2. NRS 361.265 is hereby amended to read as follows:
361.265 1. For the purpose of enabling the county assessor to make assessments, he shall demand from each person or firm, and from the president, cashier, treasurer or managing agent of each corporation, association or company, including all banking institutions, associations or firms within his county, a written statement, signed under penalty of perjury, on forms to be furnished by the county assessor of all the personal property within the county, owned , [or] claimed , possessed, controlled or managed by [such] those persons, firms, corporations, associations or companies.
2. If the owners of any property not listed by another person are absent or unknown, or fail to provide the written statement within 15 days after demand is made therefor, the county assessor shall make an estimate of the value of the property and assess it accordingly. If the name of the absent owner is known to the county assessor, the property must be assessed in his name. If the name of the owner is unknown to the county assessor, the property must be assessed to unknown owner; but no mistake made in the name of the owner or the supposed owner of personal property renders the assessment or any sale of such property for taxes invalid.
κ1983 Statutes of Nevada, Page 520 (CHAPTER 224, SB 292)κ
unknown owner; but no mistake made in the name of the owner or the supposed owner of personal property renders the assessment or any sale of such property for taxes invalid.
3. At the end of each month the county assessor shall report to the district attorney of the county the names of all persons neglecting or refusing to give the statement as required by this section, and the district attorney shall prosecute all persons so offending.
4. If any person, officer or agent neglects or refuses on demand of the county assessor or his deputy to give the statement required by this section, or gives a false name, or refuses to give his name or to sign the statement, he is guilty of a misdemeanor and must be arrested upon the complaint of the county assessor or his deputy.
________
Senate Bill No. 228Committee on Government Affairs
CHAPTER 225
AN ACT relating to the state communications system; removing the requirement for quarterly meetings of the state communications board; changing the duties of the board; requiring equipment for microwave channels not used or paid for to be used to replace obsolete equipment; changing the duties of the coordinator of communications; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233F.060 is hereby amended to read as follows:
233F.060 State communications system means [communication] microwave equipment and associated facilities [owned,] controlled by the board and leased or used by state agencies, except the state telephone system.
Sec. 2. NRS 233F.100 is hereby amended to read as follows:
233F.100 1. The board shall meet [at least quarterly and] at such times and places as are specified by a call of the chairman.
2. The chairman of the board shall appoint technical representatives to serve on a technical advisory committee which is hereby created to serve the board.
3. Members of the board shall serve without compensation but may be reimbursed from the fund for the communications subdivision of the Nevada highway patrol [communications subdivision fund] for necessary travel and per diem expenses in the amounts provided [by law.] for state officers and employees.
Sec. 3. NRS 233F.110 is hereby amended to read as follows:
233F.110 1. The board shall establish and administer a policy respecting the development, administration and operation of the state communications system [.] and may adopt regulations to govern the use and operation of the system. The board [shall provide sufficient numbers of microwave channels for use by state agencies.
2. Regulations governing the joint use of the state communications system must establish a minimum standard for such use and are supplemental to rules or regulations of the Federal Communications Commission on the same subject.
κ1983 Statutes of Nevada, Page 521 (CHAPTER 225, SB 228)κ
system must establish a minimum standard for such use and are supplemental to rules or regulations of the Federal Communications Commission on the same subject.
3.] may, upon receiving a request for a microwave channel or channels from a state agency, approve or disapprove that request. If the request is approved, the board shall assign a channel or channels to the agency at a cost determined by the board.
2. Except as provided in subsection [5,] 4, a microwave [channels] channel assigned [to user agencies] by the board to an agency for its use must not be reassigned without the concurrence of the [user] agency.
[4.] 3. Microwave channels may be assigned to the department of motor vehicles for assignment by that department to local, state and federal agencies of criminal justice , [ agencies] as that department may desire. The department of motor vehicles shall assume the operating costs of those channels and bill [user] the using agencies for those costs.
[5.] 4. The board may revoke the assignment of a microwave channel if an agency fails to pay for its use and may reassign that channel to another agency.
5. Equipment for microwave channels which is purchased by a using agency becomes the property of the board if the agency fails to use or pay for those channels. Such equipment must be used by the board to replace old or obsolete equipment in the state communications system.
Sec. 4. NRS 233F.131 is hereby amended to read as follows:
233F.131 The coordinator of communications shall:
1. Administer the provisions of this chapter , [233F of NRS,] subject to the administrative supervision of the chief of the Nevada highway patrol.
2. [Consolidate] Supervise the operation and maintenance of the communications system and [services of state agencies and] provide for [their] its joint use by [federal and] state agencies, except as provided in NRS 233F.146.
3. [Prepare] Except as otherwise provided in NRS 233F.144, prepare plans [,] and conduct studies [and review planning] for the orderly development of [the] other state communications [system.] systems.
4. Procure, install, maintain and purchase or lease communications equipment, facilities and services.
5. [Consolidate state procurement required on a periodic basis in accordance with specifications approved by the state communications board.] Prepare specifications for the annual procurement of radio equipment by the state purchasing division.
6. Enter into and administer agreements involving the state communications system.
7. Develop a comprehensive system of equitable billing and charges for [communications] services provided [in any consolidated or joint use system of communications,] to agencies using the state communications system. Such charges must reflect as nearly as practicable the actual share of costs incurred on behalf of or for services [rendered to a user] provided to an agency.
κ1983 Statutes of Nevada, Page 522 (CHAPTER 225, SB 228)κ
actual share of costs incurred on behalf of or for services [rendered to a user] provided to an agency.
8. Advise agencies of the state as to systems or methods to be used to meet communications requirements efficiently and effectively.
9. [Assure] Ensure that maintenance is performed on the state communications system efficiently and economically.
10. Standardize policies and procedures for the joint use of the state communications system.
11. Perform such other duties in connection with each of his specified duties, and consistent therewith, as may be imposed by the director of the department of motor vehicles or [state communications] the board.
________
κ1983 Statutes of Nevada, Page 523κ
Senate Bill No. 28Committee on Taxation
CHAPTER 226
AN ACT relating to taxation; requiring businesses to report the value of any construction in progress or recently completed on certain property; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any business which owns, manages or operates property that is assessed pursuant to NRS 361.320 shall, on or before February 15 of each year, submit to the department a report of any construction that was:
(a) Completed during the preceding year; or
(b) In progress on December 31 next preceding the report,
which represents an addition to its property as distinguished from replacement or repair.
2. On or before March 1, the department shall apportion the value of this property in the manner provided in NRS 361.320 and shall certify to the county auditors the value thereby added in each county to the valuations of such property last previously transmitted to them.
Sec. 2. NRS 361.405 is hereby amended to read as follows:
361.405 1. The secretary of the state board of equalization forthwith shall certify any change made by the board in the assessed valuation of any property in whole or in part to the county auditor of the county where the property is assessed, and whenever the valuation of any property is raised, the secretary of the state board of equalization shall forward by certified mail to the property owner or owners affected, notice of the increased valuation.
2. As soon as changes resulting from cases having a substantial effect on tax revenues have been certified to him by the secretary of the state board of equalization, the county auditor shall:
(a) Enter all such changes and the value of any construction work in progress which was certified to him by the department, on the assessment roll [prior to] before the delivery thereof to the tax receiver.
(b) Add up the valuations and enter the total valuation of each kind of property and the total valuation of all property on the assessment roll.
(c) Certify the results to the board of county commissioners and the department on or before April 15 of each year.
3. As soon as changes resulting from cases having less than a substantial effect on tax revenue have been certified to him by the secretary of the state board of equalization, the county tax receiver shall adjust the assessment roll or the tax statement or make a tax refund, as directed by the state board of equalization.
κ1983 Statutes of Nevada, Page 524 (CHAPTER 226, SB 28)κ
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 92Committee on Government Affairs
CHAPTER 227
AN ACT relating to public utilities; authorizing the sale or lease of certain interests of the state and local governments to public utilities without public bidding; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A board of county commissioners may sell or lease:
(a) A right of way to a public utility as defined in NRS 704.020; and
(b) Water rights to a public utility engaged in the business of furnishing water for municipal, industrial and domestic purposes to customers within the boundaries of the county,
without first offering those rights of way or water rights to the public.
2. If a public utility wishes to dispose of any right of way or water right acquired pursuant to subsection 1, it must be reconveyed to the county.
Sec. 2. NRS 244.281 is hereby amended to read as follows:
244.281 Except as provided in NRS 244.288 [:] and section 1 of this act:
1. When a board of county commissioners has determined by resolution that the sale or exchange of any real property owned by the county will be for purposes other than to realign, change, vacate or otherwise adjust any street, alley, avenue or other thoroughfare, or portion thereof, within the county and will be in the best interest of the county, it may:
(a) Sell the property at public auction, in the manner prescribed for the sale of real property on execution.
(b) Sell the property through a licensed real estate broker, or if there is no real estate broker resident of the county, the board of county commissioners may negotiate the sale of the property. No exclusive listing may be given. In all listings, the board of county commissioners shall specify the minimum price, the terms of sale and the commission to be allowed, which must not exceed the normal commissions prevailing in the community at the time.
(c) Exchange the property for other real property of substantially equal value, or for other real property plus an amount of money equal to the difference in value, if it has also determined by resolution that the acquisition of the other real property will be in the best interest of the county.
2. Before the board of county commissioners may sell or exchange any real property as provided in paragraphs (b) and (c) of subsection 1, it shall publish a notice of its intention to sell or exchange once a week for 3 weeks in a newspaper qualified under chapter 238 of NRS.
κ1983 Statutes of Nevada, Page 525 (CHAPTER 227, SB 92)κ
any real property as provided in paragraphs (b) and (c) of subsection 1, it shall publish a notice of its intention to sell or exchange once a week for 3 weeks in a newspaper qualified under chapter 238 of NRS. In case of:
(a) A sale, the notice must state the name of the licensed real estate broker handling the sale and invite interested persons to negotiate with him.
(b) An exchange, the notice must call for offers of cash or exchange. The commission shall accept the highest and best offer.
3. If the board of county commissioners by its resolution further finds that the property to be sold is worth more than $1,000, the board shall appoint one or more disinterested, competent real estate appraisers to appraise the property, and shall not sell or exchange it for less than the appraised value.
4. If the property is appraised at $1,000 or more, the board of county commissioners may sell it either for cash or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.
Sec. 3. NRS 244.283 is hereby amended to read as follows:
244.283 1. When the board of county commissioners determines that the lease of real property belonging to the county for industrial, commercial, residential or recreational purposes is necessary or desirable, the board may lease such real property, whether acquired by purchase, dedication or otherwise. [The provisions of this subsection shall not be construed to permit the lease of any real property] Such a lease must not be in contravention of any condition in a gift or devise of real property to the county.
2. [Before] Except as otherwise provided in section 1 of this act, before ordering the lease of any property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to lease the property. The resolution [shall:] must:
(a) Describe the property proposed to be leased in such manner as to identify it.
(b) Specify the minimum rental, and the terms upon which it will be leased.
(c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed proposals to lease will be received and considered.
3. Notice of the adoption of the resolution and of the time and place of holding the meeting [shall] must be given by:
(a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and
(b) Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.
4. At the time and place fixed in the resolution for the meeting of the board, all sealed proposals which have been received [shall,] must, in public session, be opened, examined and declared by the board.
κ1983 Statutes of Nevada, Page 526 (CHAPTER 227, SB 92)κ
board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to lease and which are made by responsible bidders, the proposal which is the highest [shall] must be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.
5. Before accepting any written proposal, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to lease the property upon the terms and conditions specified in the resolution, for a rental exceeding by at least 5 percent the highest written proposal, then the highest oral bid which is made by a responsible person [shall] must be finally accepted.
6. The final acceptance by the board may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following.
7. The board may, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, if it deems such action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from lease.
8. Any resolution of acceptance of any bid made by the board [shall] must authorize and direct the chairman to execute a lease and to deliver it upon performance and compliance by the lessee with all the terms or conditions of his contract which are to be performed concurrently therewith.
9. All [moneys] money received from rentals of real property [shall] must be deposited forthwith with the county treasurer to be credited to the county general fund.
Sec. 4. Chapter 408 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board may sell or lease any of the states water rights which are appurtenant to real property acquired pursuant to this chapter or chapter 409 of NRS to a public utility engaged in the business of furnishing water for municipal, industrial and domestic purposes without first offering those water rights to the public.
2. If a public utility wishes to dispose of any water right acquired pursuant to subsection 1, it must be reconveyed to the state.
________
κ1983 Statutes of Nevada, Page 527κ
Assembly Bill No. 386Committee on Ways and Means
CHAPTER 228
AN ACT relating to vocational rehabilitation; decreasing the amount in the vocational rehabilitation revolving fund; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 615.255 is hereby amended to read as follows:
615.255 1. There is hereby created the vocational rehabilitation revolving account in the amount of [$50,000] $35,000 to be used for the payment of claims of applicants for or recipients of services from the bureau and vendors providing services to those applicants or recipients under procedures established by the bureau.
2. Upon written request from the chief, the state controller shall draw his warrant from money already appropriated in favor of the chief in the sum of [$40,000.] $35,000. When the warrant is paid, the chief shall deposit the [$40,000] $35,000 in a bank qualified to receive deposits of public money. The bank must secure the deposit with a depository bond satisfactory to the state board of examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation.
3. After expenditure of money from the revolving account, the chief shall present a claim to the state board of examiners. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of the claim in favor of the vocational rehabilitation revolving account, to be paid to the order of the chief, and the state treasurer shall pay it.
4. Money in the vocational rehabilitation revolving account does not revert to the state general fund at the end of the fiscal year, but remains in the revolving account.
5. Purchases paid for from the vocational rehabilitation revolving account for the purposes authorized by subsection 1 may be exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of general services or his designated representative.
Sec. 2. The state treasurer shall transfer $15,000 from the vocational rehabilitation revolving account (formerly fund), which is created by NRS 615.255, to the vocational rehabilitation budget account in the state general fund.
Sec. 3. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
κ1983 Statutes of Nevada, Page 528κ
Assembly Bill No. 347Committee on Ways and Means
CHAPTER 229
AN ACT authorizing the state public defender to collect certain amounts from the counties for the use of his services; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. Except as provided in subsection 2, the state public defender may collect not more than the following amounts from the counties for use of his services:
For the fiscal For the fiscal
year ending year ending
June 30, 1984 June 30, 1985
CARSON CITY............................................................ $100,872 $103,444
CHURCHILL COUNTY.............................................. 31,813 34,508
DOUGLAS COUNTY................................................. 90,785 93,099
ESMERALDA COUNTY........................................... 8,752 8,988
EUREKA COUNTY.................................................... 8,752 8,988
HUMBOLDT COUNTY............................................. 50,436 51,721
LANDER COUNTY.................................................... 25,218 25,860
LINCOLN COUNTY................................................... 15,131 15,517
LYON COUNTY.......................................................... 43,936 45,122
MINERAL COUNTY.................................................. 25,262 25,944
NYE COUNTY............................................................. 35,305 34,204
PERSHING COUNTY................................................. 25,218 25,861
WHITE PINE COUNTY............................................. 20,174 20,688
TOTALS $479,654 $493,944
2. If any county chooses to contribute an additional amount, the state public defender may, with the approval of the interim finance committee, accept it and apply it to augment his services.
Sec. 2. NRS 180.110 is hereby amended to read as follows:
180.110 1. Each fiscal year the state public defender may collect from the counties amounts which do not exceed those authorized by the legislature for use of his services during that year.
2. The state public defender shall submit a bill to the county on or before the 15th day of May and the county shall pay the bill :
(a) In full on or before the 20th day of July [.] ; or
(b) In equal quarterly installments on or before the 1st day of July, October, January and April, respectively.
The counties shall pay their respective amounts to the state public defender who shall deposit the amounts with the treasurer of the State of Nevada and shall expend the funds in accordance with his approved budget.
κ1983 Statutes of Nevada, Page 529 (CHAPTER 229, AB 347)κ
of Nevada and shall expend the funds in accordance with his approved budget.
________
Assembly Bill No. 326Committee on Government Affairs
CHAPTER 230
AN ACT relating to the Nevada athletic commission; revising provisions relating to the handling of certain money received by the commission; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 467.040 is hereby amended to read as follows:
467.040 1. The commission may employ an executive secretary, who must not be a member of the commission.
2. [All] Except as provided in NRS 467.080, all money received by the executive secretary or the commission pursuant to the provisions of this chapter must be deposited with the state treasurer for credit to the state general fund.
Sec. 2. NRS 467.080 is hereby amended to read as follows:
467.080 1. The commission may [, in its discretion,] issue and revoke licenses to conduct, hold or give boxing, sparring or wrestling contests, matches or exhibitions where an admission fee is received, to any applicant entity under such terms and in accordance with such provisions as the commission may prescribe.
2. Any application for such a license [shall] must be in writing and [shall] must correctly show and define the owner or owners of the applicant entity. The application [shall] must be accompanied by an annual fee to be fixed by the commission on a uniform scale or basis.
3. Before any license is granted to an applicant entity which has filed its application as provided in this section, the applicant entity must file a bond in an amount fixed by the commission but not less than $2,000, with good and sufficient surety, and conditioned for the faithful performance by the applicant entity of the provisions of this chapter. This subsection does not apply to amateur athletic clubs. All money which the commission receives pursuant to this subsection must be deposited with the state treasurer for credit to the athletic commissions trust fund, which is hereby created.
4. If the commission believes [such] this bond is inadequate, the commission may require the promoter to [place in escrow] make a deposit of money in an amount fixed by the commission. [Such amount shall be deposited in a bank licensed to do business in the state] The deposit must be made not less than [30 days prior to] 5 days before the contest or exhibition. [The amount in escrow] It may be used to satisfy any obligation incurred by the promoter during the staging of [such] the contest or exhibition upon order of the commission.
κ1983 Statutes of Nevada, Page 530 (CHAPTER 230, AB 326)κ
staging of [such] the contest or exhibition upon order of the commission. After satisfaction of all such obligations the commission shall release the remainder [of the amount in escrow] to the promoter.
Sec. 3. NRS 467.104 is hereby amended to read as follows:
467.104 1. Any person who charges and receives an admission fee for exhibiting any live boxing or sparring match, wrestling exhibition or performance on a closed-circuit telecast, or motor picture, shall, within [72 hours after such] 10 days after the event, furnish to the commission a verified written report on a form which is supplied by the commission, showing the number of tickets sold and issued or sold or issued, and the gross receipts therefor without any deductions.
2. [Such] That person shall also, at the same time, pay to the commission a license fee, exclusive of federal taxes thereon, of 4 cents for each $1 or fraction thereof received for admission at [such] the exhibition. The license fee [shall apply] applies uniformly at the same rate to all persons subject to it. The license fee [shall] must be based on the face value of all tickets sold and complimentary tickets issued.
Sec. 4. NRS 467.109 is hereby amended to read as follows:
467.109 1. Every promoter shall, within [72 hours] 10 days after the completion of any contest, match or exhibition for which an admission fee is charged and received, furnish to the commission a verified written report [, duly verified] showing:
(a) The number of tickets sold and issued or sold or issued for [such] the contest, match or exhibition;
(b) The amount of the:
(1) Gross receipts from admission fees; and
(2) Gross receipts derived from the sale, lease or other exploitation of broadcasting, motion picture and television rights of such contest, match or exhibition,
without any deductions for commissions, brokerage fees, distribution fees, advertising, contestants purses or any other expenses or charges; and
(c) Such other matters as the commission may prescribe.
2. [Such] The promoter shall at the same time pay to the commission the license fee described in NRS 467.107.
Sec. 5. NRS 467.135 is hereby amended to read as follows:
437.135 1. The commission, its executive secretary or any other employee authorized by the commission, [is empowered to] may order the promoter to withhold any part of a purse or other money belonging or payable to any contestant, manager or second if, in the judgment of the commission or its secretary or employee, the contestant is not competing honestly or to the best of his skill and ability or if the manage or seconds have violated any of the provisions of this chapter or the regulations promulgated thereunder.
2. This section does not apply to any contestant in a wrestling exhibition who appears not to be competing honestly or to the best of his skill and ability.
3. Upon the withholding of any part of a purse or other money pursuant to this section, the commission shall immediately schedule a hearing on the matter, provide adequate notice to all interested parties and dispose of the matter as promptly as possible.
κ1983 Statutes of Nevada, Page 531 (CHAPTER 230, AB 326)κ
hearing on the matter, provide adequate notice to all interested parties and dispose of the matter as promptly as possible.
4. If it is determined that a contestant, manager or second is not entitled to any part of his share of the purse or other money, the promoter shall [turn such] pay the money over to the commission. [The] Subject to the provisions of subsection 5, the money must be deposited with the state treasurer for credit to the state general fund.
5. Money turned over to the commission pending final action in any matter, must be credited to the athletic commissions trust fund and must remain in that fund until the commission orders its disposition in accordance with the final action taken.
________
Assembly Bill No. 540Committee on Ways and Means
CHAPTER 231
AN ACT relating to the advocate for customers of public utilities; providing for the reduction of the assessment on public utilities to support that office; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.033 is hereby amended to read as follows:
704.033 1. The commission shall levy and collect an annual assessment from all public utilities subject to the jurisdiction of the commission.
2. Except as otherwise provided in subsection 3, the annual assessment must be:
(a) For the use of the commission, not more than 3.50 mills; and
(b) For the use of the consumers advocate, not more than 0.75 mills,
on each dollar of gross operating revenue derived from the intrastate operations of such utilities in the State of Nevada, except that the minimum assessment in any 1 year must be $10. The total annual assessment must be not more than 4.25 mills.
3. For railroads the total annual assessment must be the amount levied for the use of the commission pursuant to paragraph (a) of subsection 2. The levy for the use of the consumers advocate must not be assessed against railroads.
4. The gross operating revenue of the utilities must be determined for the preceding calendar year. In the case of:
(a) Telephone utilities, such revenue shall be deemed to be local service revenues plus intrastate toll revenues.
(b) Railroads, such revenues shall be deemed to be revenue received only from freight and passenger intrastate movements.
(c) All public utilities, such revenue does not include the proceeds of any commodity, energy or service furnished to another public utility for resale.
κ1983 Statutes of Nevada, Page 532 (CHAPTER 231, AB 540)κ
any commodity, energy or service furnished to another public utility for resale.
________
Senate Bill No. 280Committee on Finance
CHAPTER 232
AN ACT making an appropriation to the reserve for statutory contingency fund for any special elections to be held on June 7, 1983; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the reserve for statutory contingency fund created pursuant to NRS 353.264 the sum of $150,000 to be used to pay the actual costs of conducting any special election required by an act of the 62nd session of the legislature to be held in conjunction with the municipal election of 1983.
Sec. 2. Immediately after it ascertains the cost of the special election incurred by the county, each board of county commissioners shall certify the amount to the state board of examiners by a claim. Except as provided in section 3, the board of examiners shall approve each claim for the amount of the actual costs incurred by the county.
Sec. 3. If the total amount of the costs incurred by the counties exceeds the amount of the appropriation made by section 1 of this act, the state board of examiners shall pay the claims on a pro rata basis.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 291Assemblymen Redelsperger, Getto, Humke, Swain, Joerg, Stone, Zimmer, Thompson, Price, Fay, Dini and Coffin
CHAPTER 233
AN ACT relating to highways; authorizing the director of the department of transportation to designate scenic routes; specifying the requirements for a highway to be designated a scenic route; requiring the department of transportation to put up and maintain signs indicating scenic routes; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The director may designate a highway or portion of a highway as a scenic route if:
κ1983 Statutes of Nevada, Page 533 (CHAPTER 233, AB 291)κ
(a) The highway leads to a point or points of interest, such as federal or state parks, historic sites or areas for camping, picnics or recreation; and
(b) There is an alternate route which parallels the proposed scenic route.
2. All official maps published by the department which are intended primarily for the use of tourists must identify highways or portions of highways which have been designated as scenic routes.
Sec. 2. NRS 408.417 is hereby amended to read as follows:
408.417 1. As a part of every plan and of all specifications and contracts for the construction of highways, provisions [shall] must be made for the erection of permanent guideposts and signboards at every point where another road crosses or diverges from such highways and at all places requiring warning to the traveling public as to the condition of the road, such as dangerous turns and steep grades. Such guideposts and signboards [shall] must contain plain and accurate information as to the distances of towns and other points such as is usually contained on signboards for the information of the traveling public.
2. The department shall:
(a) Cause to be put up, and to be kept up thereafter, on and along the highways, all such usual and necessary road markers and highway signs [as have been adopted or shall hereafter, from time to time, be] adopted by the American Association of State Highway and Transportation Officials.
(b) Cause to be put up, and to be kept up thereafter, informative signs, distinctive in color and design, pointing out, calling attention to and descriptive of nearby points, location of and distance to water, and objects of natural, scenic, geographical, geological, paleographical and historical interest to the traveler within or passing through the state.
(c) Cause to be put up, and to be kept up thereafter, informative signs which indicate scenic routes.
3. Every guidepost, signboard, road marker, highway sign, informative sign and descriptive sign put up by the department pursuant to this section [shall] must contain measurements based on metric units if:
(a) The Federal Highway Administration of the United States Department of Transportation issues specifications for utilizing measurements based on metric units; and
(b) Money is made available for this purpose by the Federal Government.
4. Any person who willfully tears down, digs up, or in any manner defaces, destroys or carries away any such guideboards, road markers, highway signs or descriptive signs as provided in this section is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the markers or signs destroyed, damaged, removed or defaced and in no event less than a misdemeanor .
κ1983 Statutes of Nevada, Page 534 (CHAPTER 233, AB 291)κ
and in no event less than a misdemeanor . [; and the] The department has a cause of action against such a person in a court of competent jurisdiction for the amount expended for repairs and replacement of such signs and markers, together with the cost and expenses incurred in [such] the action.
________
Assembly Bill No. 509Committee on Natural Resources, Environment and Agriculture
CHAPTER 234
AN ACT relating to ground water basins; allowing a hearing on administration of a basin to be held outside the basin if adequate meeting facilities are not available within the basin; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 534.030 is hereby amended to read as follows:
534.030 1. Upon receipt by the state engineer of a petition requesting him to administer the provisions of this chapter as relating to designated areas, signed by not less than 40 percent of the appropriators of record in the office of the state engineer, in any particular basin or portion therein, he shall:
(a) Cause to be made the necessary investigations to determine if such administration would be justified.
(b) If his findings are affirmative, designate the area by basin, or portion therein, and make an official order describing the boundaries by legal subdivision as nearly as possible.
(c) Proceed with the administration of this chapter.
2. In the absence of such a petition from the owners of wells in a ground water basin which the state engineer considers to be in need of administration, he shall hold a public hearing :
(a) If adequate facilities to hold a hearing are available within the basin ; or
(b) If such facilities are unavailable, hold the hearing within the county where the basin lies or within the county, where the major portion of the basin lies,
to take testimony from those owners to determine whether administration of that basin is justified. If the basin is found, after due investigation, to be in need of administration the state engineer may enter an order in the same manner as if a petition, as described in subsection 1, had been received.
3. The order of the state engineer may be reviewed by the district court of the county pursuant to NRS 533.450.
4. The state engineer shall supervise all wells tapping artesian water or water in definable underground aquifers drilled after March 22, 1913, and all wells tapping percolating water drilled subsequent to March 25, 1939, except those wells for domestic purposes for which a permit is not required.
κ1983 Statutes of Nevada, Page 535 (CHAPTER 234, AB 509)κ
March 25, 1939, except those wells for domestic purposes for which a permit is not required.
5. Within any ground water basin which has been designated or which may hereafter be so designated by the state engineer, except ground water basins subject to the provisions of NRS 534.035, and wherein a water conservation board has been created and established or wherein a water district has been created and established by law to furnish water to an area or areas within the basin or for ground water conservation purposes, the state engineer, in the administration of the ground water law, shall avail himself of the services of the governing body of the water district or the water conservation board, or both of them, in an advisory capacity. The governing body or water board shall furnish such advice and assistance to the state engineer as is necessary for the purpose of the conservation of ground water within the areas affected. The services of the governing body or water conservation board must be without compensation from the state, and the services so rendered must be upon reasonable agreements effected with and by the state engineer.
________
Senate Bill No. 334Committee on Judiciary
CHAPTER 235
AN ACT relating to medical records; including medical bills in the definition of medical records for the purpose of authenticating medical records; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 52 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in this section and NRS 52.325 to 52.375, inclusive, unless the context otherwise requires:
1. Custodian of medical records means a chiropractor, physician, registered physical therapist or licensed nurse who prepares and maintains medical records, or any employee or agent of such a person or of a facility for convalescent care, medical laboratory or hospital who has care, custody and control of medical records for such a person or institution.
2. Medical records includes bills, ledgers, statements and other accounts which show the cost of medical services or care provided to a patient.
Sec. 2. NRS 52.325 is hereby amended to read as follows:
52.325 1. A custodian of medical records sufficiently complies with a subpena calling for the production of medical records in his custody if he delivers, at or before the time set for the return of the subpena, either personally or by mail, to the clerk of the court issuing the subpena a true and exact photographic, electrostatic or other acceptable copy of the original record authenticated as provided in this section.
κ1983 Statutes of Nevada, Page 536 (CHAPTER 235, SB 334)κ
the subpena a true and exact photographic, electrostatic or other acceptable copy of the original record authenticated as provided in this section. This section does not apply to X-ray films or to any other portion of a medical record which is not susceptible to photostatic reproduction.
2. The copy [shall] must be authenticated by an affidavit signed by the custodian of the medical records verifying that it is a true and complete reproduction of the original medical record and that the original record was made at or near the time of the act, event, condition, opinion or diagnosis by or from information transmitted by a person with knowledge in the course of a regularly conducted activity.
3. If the court quashes or suppresses a subpena for medical records, it may order the subpenaed record to be returned to the submitting custodian.
4. [Custodian of medical records means a chiropractor, osteopathic physician, physician, registered physical therapist or licensed nurse who prepares and maintains medical records, or any employee or agent of such a person or of a convalescent care facility, medical laboratory or hospital who has care, custody and control of medical records for such person or institution.
5.] The affidavit required by subsection 2 [shall] must be substantially in the following form:
CERTIFICATE OF CUSTODIAN OF MEDICAL RECORDS [CUSTODIAN]
|
State of Nevada
County of............................... |
} |
ss. |
NOW COMES ......................................................., who after first being duly sworn deposes and says : [the following:]
1. That the deponent is the .................................................................................... of the ......................................... and in such capacity is the custodian of the medical records of the office or institution.
2. That on the ........... day of ..................., 19......., the deponent was served with a subpena in connection with the above entitled cause, calling for the production of medical records pertaining to
..................................................................................................................................................................................................
..................................................................................................................................................................................................
3. That the deponent has examined the original of those medical records and has made a true and exact copy of them and that the reproduction of them attached hereto is true and complete.
4. That the original of those medical records was made at or near the time of the acts, events, conditions, opinions or diagnoses recited therein by or from information transmitted by a person with knowledge in the course of a regularly conducted activity of the deponent or the office or institution in which the deponent is engaged.
.......................................................
Subscribed and sworn to before me, a Notary Public, on this ............ day of .............., 19.......
κ1983 Statutes of Nevada, Page 537 (CHAPTER 235, SB 334)κ
..............................................................................................................................
Notary Public ................. County, Nevada
My commission expires:...................................
..............................................................................................................................
________
Assembly Bill No. 346Committee on Ways and Means
CHAPTER 236
AN ACT relating to the Nevada National Guard; authorizing a reduction in the percentage of the consolidated fee which may be paid as a benefit for certain members; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 415.143 is hereby amended to read as follows:
415.143 1. The adjutant general may authorize the payment of no more than 50 percent of the consolidated fee each semester for each member of the active Nevada National Guard who attends the University of Nevada as a full-time or part-time student from money appropriated for this purpose.
2. The adjutant general may authorize the payment of no more than 50 percent of the credit-hour cost each semester for each member of the active Nevada National Guard who attends a community college as a full-time or part-time student from money appropriated for the purpose.
3. To be eligible to receive benefits, a person must be a member in good standing of the active Nevada National Guard at the beginning of and throughout the entire semester for which benefits are received.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 538κ
Assembly Bill No. 317Committee on Transportation
CHAPTER 237
AN ACT relating to mass transportation; exempting subsidized common motor carriers from the requirement of obtaining a certificate of public convenience and necessity; expanding authority of regional transportation commissions; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A common motor carrier who enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transit consisting of regular routes and fixed schedules. Under such an agreement, the public entity shall establish the routes and fares and provide for any required safety inspections.
Sec. 2. NRS 706.011 is hereby amended to read as follows:
706.011 As used in NRS 706.016 to 706.791, inclusive, and section 1 of this act, the words and terms defined in NRS 706.016 to 706.146, inclusive, have the meanings ascribed to them [therein,] in those sections, unless the context otherwise requires.
Sec. 3. NRS 706.386 is hereby amended to read as follows:
706.386 1. It is unlawful, except as provided in NRS 706.746, 710.395, section 1 of this act and subsection 2, for any common motor carrier to operate as a carrier of intrastate commerce within this state without first obtaining a certificate of public convenience and necessity from the commission.
2. A nonprofit carrier of elderly or physically or mentally handicapped persons is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but such a carrier is not exempt from inspection by the commission to determine whether its vehicles and their operation are safe.
Sec. 4. NRS 710.395 is hereby amended to read as follows:
710.395 1. A regional transportation commission may establish or operate a system of bus transportation consisting of regular routes and fixed schedules to serve the public.
2. A regional transportation commission may lease vehicles to or from or enter into other contracts with a private operator for the provision of a system of public transit.
________
κ1983 Statutes of Nevada, Page 539κ
Senate Bill No. 299Committee on Judiciary
CHAPTER 238
AN ACT relating to extradition; removing the requirement that the governor affirmatively approve or disapprove compliance with certain requests from other jurisdictions; directing that any application for a writ of habeas corpus challenging extradition be filed in district court; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.640 is hereby amended to read as follows:
178.640 The governor shall [:
1. Either approve or disapprove, pursuant to Article IV of The Agreement on Detainers, the placing of a prisoner in the temporary custody of another jurisdiction when such jurisdiction is a party to such agreement and has lodged a detainer against the prisoner.
2. appoint] appoint the officer provided in Article VII of The Agreement on Detainers.
Sec. 2. NRS 179.197 is hereby amended to read as follows:
179.197 1. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he is first taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel.
2. If the prisoner or his counsel state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply to the district court for a writ of habeas corpus.
3. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.
Sec. 3. Section 2 of this act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 540κ
Senate Bill No. 268Senators Raggio, Mello, Wagner, Townsend, Wilson, Glover and Glaser
CHAPTER 239
AN ACT relating to county recorders; clarifying provisions governing the payment of fees by governmental entities; increasing certain fees; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 247.305 is hereby amended to read as follows:
247.305 1. Where another statute specifies fees to be charged for services, county recorders shall charge and collect only the fees specified. Otherwise county recorders shall charge and collect the following fees:
For recording any document, for the first page............................. [$4.00] $5.00
For each additional page........................................................... 1.00
For recording each portion of a document which must be separately indexed, after the first indexing...................................................................................... 2.00
For copying any record, [for the first page................................................ 1.00
For each additional page.......................................................... . .50]
for each page.............................................................................. 1.00
For certifying, including certificate and seal, for the first seal...... [1.00] 2.00
For each additional seal..................................................... [.25] .50
[For recording or copying any document in a foreign language, double the normal fee.]
2. [A] Except as provided in subsection 3, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by him to [the State of Nevada or the county, or any city or town within the county, or any officer thereof in his official capacity, except] :
(a) The county in which his office is located.
(b) The State of Nevada or any city or town within the county in which his office is located, if the document being recorded:
(1) Conveys to the state, or to that city or town, an interest in land;
(2) Is a mortgage or deed of trust upon lands within the county which names the state or that city or town as beneficiary; or
(3) Imposes a lien in favor of the state or that city or town.
3. A county recorder shall charge and collect the fees specified in this section for copying of any document [, including certificate and seal, for which the statutory fee must be paid.
3.] at the request of the State of Nevada, and any city or town within the county. For copying, and for his certificate and seal upon the copy, the county recorder must charge the regular fee.
4. For purposes of this section, State of Nevada, county, city and town include any department or agency thereof and any officer thereof in his official capacity.
κ1983 Statutes of Nevada, Page 541 (CHAPTER 239, SB 268)κ
city and town include any department or agency thereof and any officer thereof in his official capacity.
5. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the 5th day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.
________
Senate Bill No. 8Senator Raggio
CHAPTER 240
AN ACT relating to contractors; requiring proof of industrial insurance for the issuance or renewal of a contractors license; requiring notice to state contractors board of lapse, cancellation or withdrawal of a contractors industrial insurance; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 624 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Before granting an original or renewal of a contractors license to any applicant, the board shall require that the applicant submit to the board:
1. Proof of industrial insurance and insurance for occupational diseases which covers his employees; or
2. A copy of his certificate of qualification as a self-insured employer which was issued by the commissioner of insurance.
Sec. 2. NRS 624.3011 is hereby amended to read as follows:624.3011 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Willful and prejudicial departure from or disregard of plans or specifications in any material respect without the consent of the owner or his duly authorized representative and the person entitled to have the particular construction project or operation completed in accordance with [such] the plans and specifications.
2. Willful or deliberate disregard and violation of:
(a) The building laws of the state or of any political subdivision thereof.
(b) The safety laws or labor laws [or compensation insurance laws] of the state.
(c) Any provision of the Nevada health and safety laws or [Nevada laws and rules and regulations promulgated] the regulations adopted thereunder relating to the digging, boring or drilling of water wells.
(d) The laws of this state regarding industrial insurance.
Sec. 3. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The manager shall notify the state contractors board within 10 days after the system becomes aware that a contractors coverage has lapsed.
κ1983 Statutes of Nevada, Page 542 (CHAPTER 240, SB 8)κ
days after the system becomes aware that a contractors coverage has lapsed.
2. The commissioner shall notify the state contractors board within 10 days after a contractors certificate of qualification as a self-insured employer is canceled or withdrawn.
________
Assembly Bill No. 256Committee on Taxation
CHAPTER 241
AN ACT relating to taxation; providing for the imposition of a certain tax on lodgings on a certain date notwithstanding any defect, failure or informality of local actions; providing for related regulations; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 364 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The Nevada tax commission shall by regulation not inconsistent with the provisions of sections 3 and 7 of Senate Bill No. 170 of this session provide for the collection and enforcement of the tax imposed pursuant to those sections. Those regulations must include:
1. A procedure for making refunds and resolving disputes relating to the tax, including exemptions pertaining thereto; and
2. Requirements for keeping records and provisions concerning their inspection and investigation.
Sec. 2. Any defect or informality in the imposition of, or any failure of the governing body of a county or city to impose, the tax required by sections 3 and 7 of Senate Bill No. 170 of this session does not prevent the tax from becoming effective on May 9, 1983, at the rate and on the subjects prescribed in those sections.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 543κ
Senate Bill No. 251Committee on Finance
CHAPTER 242
AN ACT relating to services to aging persons; creating the Nevada commission on aging and providing for its organization, powers and duties; abolishing the state advisory committee on older Americans; and providing other matters properly relating thereto.
[Approved May 9, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The Nevada commission on aging, consisting of 11 voting members and two or more nonvoting members, is hereby created within the aging services division of the department of human resources.
2. The governor shall appoint as voting members of the commission:
(a) Two persons who are members of the governing body of a county.
(b) Two persons who are members of the governing body of a city.
(c) Seven persons who have experience with or an interest in and knowledge of the problems of and services for the aging.
At least six persons appointed as voting members must be 55 years of age or older.
3. The following persons shall serve as nonvoting members of the commission:
(a) The director of the department, who shall serve as chairman of the commission.
(b) The administrator of the aging services division.
(c) Such other representatives of state government as may be designated by the governor.
These members may designate alternates within their respective offices to attend any meeting of the commission in their place.
4. After the initial terms, the governor shall appoint each voting member of the commission to a term of 2 years. No member may serve after the expiration of his term unless he is appointed to serve another term. No person may be appointed to serve a full term as a voting member more than twice. No person who serves as a voting member for more than 1 year of a term to which another person was appointed may be appointed to serve a full term more than once.
5. The position of a member of the commission is vacated upon his loss of any of the qualifications required for his appointment and in that event the vacancy must be filled for the unexpired term in the manner provided for the original appointment.
6. The governor may remove a member of the commission for malfeasance in office or neglect of duty. Absence from two consecutive meetings of the commission constitutes good and sufficient cause for removal of a member by the governor.
κ1983 Statutes of Nevada, Page 544 (CHAPTER 242, SB 251)κ
Sec. 3. 1. The commission may meet at least once each calendar quarter and at other times on the call of the chairman or a majority of its members.
2. A majority of the voting members of the commission constitutes a quorum for the transaction of all business.
3. The commission shall adopt regulations for its own government.
4. The chairman may appoint subcommittees of the members of the commission to consider specific problems within the scope of the functions of the commission.
Sec. 4. 1. Each voting member of the commission is entitled to receive a salary of not more than $60 per day, as fixed by the commission, while engaged in the business of the commission.
2. Each member of the commission is entitled to receive the per diem expense allowance and travel expenses as fixed by law while engaged in the business of the commission.
3. The commission may expend in accordance with law all money made available for its use.
Sec. 5. 1. The commission shall:
(a) Determine and evaluate the needs of the older people of this state.
(b) Seek ways to avoid unnecessary duplication of services for older persons by public and private organizations in Nevada.
(c) Establish priorities for the work of the division according to the most pressing needs of older persons as determined by the commission.
2. The commission may:
(a) Establish priorities for programs funded under the Older Americans Act of 1965 (42 U.S.C. § 3001 et seq.).
(b) Review and approve the state plan for providing services to meet the needs of older persons.
(c) Gather and disseminate information in the field of aging.
(d) Conduct hearings, conferences and special studies on the problems of older persons and on programs which serve them.
(e) Evaluate existing programs for older persons and recommend needed changes in those programs and propose new programs which would more effectively and economically serve the needs of older persons.
(f) Evaluate any proposed legislation which would affect older persons.
(g) Coordinate and assist the efforts of public and private organizations which serve the needs of older persons, especially in the areas of education, employment, health, housing, welfare and recreation.
Sec. 6. NRS 427A.020 is hereby amended to read as follows:
427A.020 [For the purposes of] As used in this chapter [:] , unless the context otherwise requires:
1. Administrator means the chief of the aging services division of the department.
2. Commission means the Nevada commission on aging.
3. Day care center means any health and care facility, as defined by NRS 449.007, which is maintained and operated primarily to provide care for one or more elderly disabled persons during the day.
κ1983 Statutes of Nevada, Page 545 (CHAPTER 242, SB 251)κ
[3.] 4. Department means the department of human resources.
[4.] 5. Director means the director of the department.
[5.] 6. Division means the aging services division of the department.
Sec. 7. NRS 427A.040 is hereby amended to read as follows:
427A.040 1. The division shall [:] , consistent with the priorities established by the commission pursuant to section 5 of this act:
(a) Serve as a clearinghouse for information related to problems of the aged and aging.
(b) Assist the director in all matters pertaining to problems of the aged and aging.
(c) Develop plans, conduct and arrange for research and demonstration programs in the field of aging.
(d) Provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.
(e) Prepare, publish and disseminate educational materials dealing with the welfare of older persons.
(f) Gather statistics in the field of aging which other federal and state agencies are not collecting.
(g) Stimulate more effective use of existing resources and available services for the aged and aging.
(h) Develop and coordinate efforts to carry out a comprehensive state plan for providing services to meet the needs of older persons. In developing and revising the state plan, the division shall consider, among other things, the amount of money available from the Federal Government for services to aging persons and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to aging persons.
(i) Coordinate all state and federal funding of service programs to the aging in the state.
(j) Confer with the department as the sole state agency in the state responsible for administering the provisions of this chapter.
2. The division may contract with any appropriate public or private agency, organization or institution, in order to carry out the provisions of this chapter.
Sec. 8. NRS 427A.130, 427A.151 and 427A.161 are hereby repealed.
Sec. 9. The governor shall appoint to the Nevada commission on aging 11 persons who are qualified under subsection 2 of section 2 of this act to serve terms as follows:
1. Six of the members to terms expiring on June 30, 1984; and
2. Five of the members to terms expiring on June 30, 1985.
________
κ1983 Statutes of Nevada, Page 546κ
Senate Bill No. 304Committee on Commerce and Labor
CHAPTER 243
AN ACT relating to public utilities; fixing the interest on deposits made by customers at rates existing in the month before the period of interest begins; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.655 is hereby amended to read as follows:
704.655 1. Every public utility which furnishes the public with light and power, telephone service, gas or water, community antenna television, or any of them, shall pay to every customer from whom any deposit has been required interest on the deposit at the rate fixed for 6-month Treasury bills of the United States at the first auction : [on or after January]
(a) On or after December 1 of any year for the period from January 1 to June 30 [, or on or after July] of the succeeding year; or
(b) On or after June 1 of any year for the period from July 1 to December 31 [,] of that year,
from the date of deposit until the date of settlement or withdrawal of deposit. Where the deposit remains for [a period of] 1 year or more and the person making the deposit continues to be a customer, the interest on the deposit must be either paid in cash to the depositor or applied on current bills for the use of the service provided by the public utility, as the depositor may desire.
2. Any public utility [that] which fails, refuses or neglects to pay the interest provided in subsection 1 and in the manner required by subsection 1 is guilty of a misdemeanor.
________
Assembly Bill No. 148Committee on Natural Resources, Environment and Agriculture
CHAPTER 244
AN ACT relating to grand larceny of livestock; providing a minimum fine; providing for the forfeiture of certain property; authorizing restitution; and providing other matters properly relating thereto.
[Approved May 11, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.220 is hereby amended to read as follows:
205.220 [Every] Except as otherwise provided in NRS 205.225, every person who feloniously steals, takes and carries away, leads or drives away the personal goods or property of another of the value of $100 or more, or the motor vehicle of another regardless of its value, is guilty of grand larceny, and shall be punished by imprisonment in the state prison for [any term] not less than 1 year nor more than 10 years [, and may be further punished] and by a fine of not more than $10,000.
κ1983 Statutes of Nevada, Page 547 (CHAPTER 244, AB 148)κ
is guilty of grand larceny, and shall be punished by imprisonment in the state prison for [any term] not less than 1 year nor more than 10 years [, and may be further punished] and by a fine of not more than $10,000.
Sec. 2. NRS 205.225 is hereby amended to read as follows:
205.225 1. Every person who:
[1.] (a) Feloniously steals, takes and carries, leads, drives or entices away:
[(a)] (1) One or more horses, cattle, mules, asses, sheep, goats or swine, of any age or sex; or
[(b)] (2) One or more other domestic animals or poultry having an aggregate value of $100 or more,
not his own property but belonging to some other person;
[2.] (b) Marks or brands, or causes to be marked or branded, or alters or defaces or causes to be altered or defaced a mark or brand upon any animal described in subparagraph (1) of paragraph (a) , [of subsection 1,] not his own property but belonging to some other person, with intent thereby to steal [such] the animal or to prevent the identification thereof by the true owner, or to defraud;
[3.] (c) With intent to defraud or to appropriate to his own use, willfully kills any animal, animals or poultry running at large, of the kinds described in subparagraph (1) of paragraph (a) [of subsection 1] or having an aggregate value of $100 or more, not his own, whether branded, marked or not; or
[4.] (d) Sells or purchases, with intent to defraud, the hide or carcass of any animal described in subparagraph (1) of paragraph (a) [of subsection 1] the brand or mark on which has been cut out or obliterated,
is guilty of grand larceny, and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years [, and may be further punished by a fine of not more than $10,000.] and by a fine of not less than $1,000 for each animal which was involved.
2. The following are subject to forfeiture:
(a) Any material, product or equipment, including any vehicle, which is used in violation of subsection 1.
(b) All proceeds from any sale made in violation of subsection 1.
3. The court may order a person convicted pursuant to subsection 1 to make restitution to the victim of his crime for the value of each animal which was involved.
Sec. 3. NRS 205.240 is hereby amended to read as follows:
205.240 Every person who:
1. Steals, takes and carries, leads or drives away the personal goods or property of another, under the value of $100; or
2. Steals, takes and carries, leads, drives or entices away one or more domestic animals or poultry having an aggregate value under $100, except those described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 205.225,
commits petit larceny and is guilty of a misdemeanor.
________
κ1983 Statutes of Nevada, Page 548κ
Senate Bill No. 27Committee on Taxation
CHAPTER 245
AN ACT relating to taxation; changing the distribution of certain taxes from projects for the generation and transmission of electricity; providing an exception to a limitation on the rates of the taxes ad valorem of local governments; and providing other matters properly relating thereto.
[Approved May 11, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as otherwise provided in NRS 361.320, where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and the physical property also includes three or more operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
(a) Determine separately the valuation of each operating unit, using the criteria provided in subsection 2 of NRS 361.320.
(b) Apportion 15 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.
(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which the operating unit is located.
2. Except as otherwise provided in NRS 361.320, where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and the physical property also includes two but not more than two operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
(a) Determine separately the valuation of each operating unit, using the criteria provided in subsection 2 of NRS 361.320.
(b) Apportion 20 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.
(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which the operating unit is located.
Sec. 2. NRS 361.043 is hereby amended to read as follows:
361.043 Taxable value means:
1. The value of shares of stock in a bank determined in the manner provided in NRS 367.025.
2. The value of property of an interstate and intercounty nature determined in the manner provided in NRS 361.320 [.]
κ1983 Statutes of Nevada, Page 549 (CHAPTER 245, SB 27)κ
determined in the manner provided in NRS 361.320 [.] or section 1 of this act.
3. The value of all other property determined in the manner provided in NRS 361.227.
Sec. 3. NRS 361.320 is hereby amended to read as follows:
361.320 1. At the regular session of the Nevada tax commission commencing on the 1st Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which must in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. This valuation must not include the value of vehicles as defined in NRS 371.020.
2. Except as otherwise provided in subsections 3 [, 4 and 5,] and 4 and section 1 of this act, the foregoing must be assessed as follows: The Nevada tax commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, the Nevada tax commission shall then determine the total aggregate mileage operated within the state and within its several counties, and apportion the mileage upon a mile-unit valuation basis, and the number of miles apportioned to any county are subject to assessment in that county according to the mile-unit valuation established by the Nevada tax commission.
3. [Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and the physical property also includes three or more operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
(a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.
(b) Apportion 15 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.
(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.
4. Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and the physical property also includes two but not more than two operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
κ1983 Statutes of Nevada, Page 550 (CHAPTER 245, SB 27)κ
(a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.
(b) Apportion 20 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.
(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.
5. Before] After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the Nevada tax commission [must first] shall segregate the value of all [property under construction] projects in this state for the generation of electricity whose construction was commenced on or after January 1, 1982, and which [is] are not yet put to use. This value must be assessed [and taxed] in the county where it is located, [at the same rate as other property.] and taxes must be levied and collected:
(a) On all of it, at the rate levied for the county school district;
(b) On all of it, at the rate levied for county purposes;
(c) On that fraction of it which the population of each incorporated city is of the population of the entire county, at the rate levied for that city;
(d) On that fraction of it which the population of each unincorporated town, as determined by the county, is of the population of the entire county, at the rate levied for that town; and
(e) On that fraction of it which the local assessed value of that portion of each general improvement district located within the county is of the local assessed value of the entire county, at that portion of the rate levied for that district or county which is required to construct those improvements described in NRS 318.125, 318.135, 318.140 and 318.144, including debt service for such improvements. For the purposes of this paragraph, local assessed value means the assessed value on the roll of general improvement district, excluding that assigned by the Nevada tax commission according to this section and net proceeds of mines.
The legislature finds and declares that this segregation fairly reflects the additional burden put upon the public services of the county during its construction. For the purposes of this section, commencement of construction has the meaning ascribed to it in NRS 704.840.
4. After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the Nevada tax commission shall segregate the value of all projects in this state for the generation of electricity whose construction was commenced before January 1, 1982, and which are not yet put to use. This valuation must be assessed in the county where it is located and must be taxed at the same rate as other property.
[6.] 5. The Nevada tax commission shall adopt formulas, and cause them to be incorporated in its records, providing the method or methods pursued in fixing and establishing the taxable value of all franchises and property assessed by it. The formulas must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the Nevada tax commission in arriving at and fixing the value for any class of property assessed by it.
κ1983 Statutes of Nevada, Page 551 (CHAPTER 245, SB 27)κ
and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the Nevada tax commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the companys income, stock and debt, and the cost of its assets.
[7.] 6. As used in this section the word company means any person, company, corporation or association engaged in the business described.
[8.] 7. In case of an omission by the Nevada tax commission to establish a valuation for assessment purposes upon the property mentioned in this section, the county assessors of any counties wherein the property is situated shall assess it.
[9.] 8. All other property must be assessed by the county assessors, except as provided in NRS 362.100 and except that the valuation of land, livestock and mobile homes must be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.
[10.] 9. On or before the 1st Monday in December the department shall transmit to the several county assessors the assessed valuation found on such classes of property as are enumerated in this section, except for private car lines, together with the apportionment of each county of the assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the department.
[11.] 10. On or before November 1 of each year the department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the department which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the state must be transmitted directly to the state treasurer. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due under this subsection in the manner provided in NRS 361.560.
Sec. 4. NRS 361.320 is hereby amended to read as follows:
361.320 1. At the regular session of the Nevada tax commission commencing on the 1st Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which must in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. This valuation must not include the value of vehicles as defined in NRS 371.020.
2. Except as otherwise provided in subsections 3, [and] 4 and 5 and section 1 of this act, the foregoing must be assessed as follows: The Nevada tax commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, the Nevada tax commission shall then determine the total aggregate mileage operated within the state and within its several counties, and apportion the mileage upon a mile-unit valuation basis, and the number of miles apportioned to any county are subject to assessment in the county according to the mile-unit valuation established by the Nevada tax commission.
κ1983 Statutes of Nevada, Page 552 (CHAPTER 245, SB 27)κ
and section 1 of this act, the foregoing must be assessed as follows: The Nevada tax commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, the Nevada tax commission shall then determine the total aggregate mileage operated within the state and within its several counties, and apportion the mileage upon a mile-unit valuation basis, and the number of miles apportioned to any county are subject to assessment in the county according to the mile-unit valuation established by the Nevada tax commission.
3. After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the Nevada tax commission shall segregate the value of all projects in this state for the generation of electricity whose construction was commenced on or after January 1, 1982, and which are not yet put to use. This value must be assessed in the county where it is located, and taxes must be levied and collected:
(a) On all of it, at the rate levied for the county school district;
(b) On all of it, at the rate levied for county purposes;
(c) On that fraction of it which the population of each incorporated city is of the population of the entire county, at the rate levied for that city;
(d) On that fraction of it which the population of each unincorporated town, as determined by the county, is of the population of the entire county, at the rate levied for that town; and
(e) On that fraction of it which the local assessed value of that portion of each general improvement district located within the county is of the local assessed value of the entire county, at that portion of the rate levied for that district or county which is required to construct those improvements described in NRS 318.125, 318.135, 318.140 and 318.144, including debt service for such improvements. For the purposes of this paragraph, local assessed value means the assessed value on the roll of a general improvement district or county excluding that assigned by the Nevada tax commission according to this section and net proceeds of mines.
The legislature finds and declares that this segregation fairly reflects the additional burden put upon the public services of the county during its construction. For the purposes of this section, commencement of construction has the meaning ascribed to it in NRS 704.840.
4. After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the Nevada tax commission shall segregate the value of all projects in this state for the generation of electricity whose construction was commenced before January 1, 1982, and which are not yet put to use. This valuation must be assessed in the county where it is located and must be taxed at the same rate as other property.
5. After establishing the valuation, as a collective unit, of each public utility which generates, transmits or distributes electricity in this state, the Nevada tax commission shall segregate the value of all projects for the generation of electricity whose construction was commenced on or after January 1, 1982, and allocate 10 percent of the valuation of each project to the county in which it is located and 90 percent of it among all the counties of this state in proportion to their respective populations.
κ1983 Statutes of Nevada, Page 553 (CHAPTER 245, SB 27)κ
state, the Nevada tax commission shall segregate the value of all projects for the generation of electricity whose construction was commenced on or after January 1, 1982, and allocate 10 percent of the valuation of each project to the county in which it is located and 90 percent of it among all the counties of this state in proportion to their respective populations. The valuation so allocated to each county must be assessed, and taxes must be levied and collected:
(a) On all of it, at the rate levied for the county school district;
(b) On all of it, at the rate levied for county purposes;
(c) On that fraction of it which the population of each incorporated city is of the population of the entire county, at the rate levied for that city;
(d) On that fraction of it which the population of each unincorporated town, as determined by the county, is of the population of the entire county, at the rate levied for that town; and
(e) On that fraction of it which the local assessed value of that portion of each general improvement district located within each county is of the local assessed value of the entire county, at that portion of the rate levied for that district or county which is required to construct those improvements described in NRS 318.125, 318.135, 318.140 and 318.144, including debt service for such improvements. For the purposes of this paragraph, local assessed value means the assessed value on the roll of a general improvement district, excluding that assigned by the Nevada tax commission according to this section and net proceeds of mines.
The legislature finds and declares that the consumption of electricity is roughly proportionate to population and that this allocation fairly distributes revenues arising from this consumption, and takes fair account of the effect of the generation of power on the natural resources of the state as a whole.
[5.] 6. The Nevada tax commission shall adopt formulas, and cause them to be incorporated in its records, providing the method or methods pursued in fixing and establishing the taxable value of all franchises and property assessed by it. The formulas must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the Nevada tax commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the companys income, stock and debt, and the cost of its assets.
[6.] 7. As used in this section the word company means any person, company, corporation or association engaged in the business described.
[7.] 8. In case of an omission by the Nevada tax commission to establish a valuation for assessment purposes upon the property mentioned in this section, the county assessors of any counties wherein the property is situated shall assess it.
[8.] 9. All other property must be assessed by the county assessors, except as provided in NRS 362.100 and except that the valuation of land, livestock and mobile homes must be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.
κ1983 Statutes of Nevada, Page 554 (CHAPTER 245, SB 27)κ
of land, livestock and mobile homes must be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.
[9.] 10. On or before the 1st Monday in December the department shall transmit to the several county assessors the assessed valuation found on such classes of property as are enumerated in this section, except for private car lines, together with the apportionment of each county of the assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the department.
[10.] 11. On or before November 1 of each year the department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the department which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the state must be transmitted directly to the state treasurer. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due under this subsection in the manner provided in NRS 361.560.
Sec. 5. NRS 361.403 is hereby amended to read as follows:
361.403 1. Any person, firm, company, association or corporation, claiming overvaluation or excessive valuation of its property in this state; or
2. Any representative of any local government entity or the department claiming undervaluation, overvaluation or nonassessment of any property in the state,
solely by reason of the valuation placed thereon by the Nevada tax commission pursuant to NRS 361.320 , [and] 361.325 [,] or section 1 of this act, is entitled to a hearing before the state board of equalization to protest any assessment resulting therefrom, without appearing before or requesting relief from the county board of equalization. If a hearing is held, evidence of the valuation of the property in which the value is determined by using appropriate appraisal standards [shall] must be submitted to the state board of equalization.
Sec. 6. NRS 354.5982 is hereby amended to read as follows:
354.5982 1. [The maximum amount of money which a local government, except a school district or a redevelopment agency, is permitted to receive from taxes ad valorem, other than those levied for the payment of bonded indebtedness and interest thereon incurred as a general or short-term obligation of the issuer, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated by:
(a) First multiplying the tax rate certified for that local government for the fiscal year ending on June 30, 1981, by its assessed valuation as equalized for the collection of taxes during the fiscal year beginning on July 1, 1981. For the purposes of this paragraph:
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
κ1983 Statutes of Nevada, Page 555 (CHAPTER 245, SB 27)κ
cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) Then subtracting the estimated amount to be received by that local government from the supplemental city-county relief tax for the fiscal year for which the tax ad valorem is to be levied. For the fiscal years beginning on and after July 1, 1982, the executive director of the department of taxation shall provide this estimate to the local government on or before February 15 preceding the fiscal year to which it applies. A local government may, on or before March 1 preceding the fiscal year to which the estimate applies, appeal in writing to the interim legislative committee on local governmental finance, which may increase or decrease the estimate as it finds the facts warrant.
(c) Then reducing the amount resulting from paragraphs (a) and (b) if necessary to bring it within any applicable limit provided in this section.
2. For the fiscal years beginning on and after July 1, 1982, the maximum allowable revenue from the supplemental city-county relief tax and taxes ad valorem, combined, but excluding any tax levied ad valorem for debt service, must be calculated as follows:
(a) Assessed valuation for the preceding fiscal year, including net proceeds of mines, is added to an amount equal to the product of that assessed valuation multiplied by the percentage increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls in the past year for that local government.
(b) The percent increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation for the preceding year is the maximum percentage by which the combined amount allowable from the supplemental city-county relief tax and taxes ad valorem may increase over the amount allowed for the preceding year.
If the local government levies a tax ad valorem for debt service upon an obligation which has previously been repaid from another source, the combined amount which it may receive pursuant to this subsection is reduced by the amount of that tax ad valorem. If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the amount that the county may receive from the supplemental city-county relief tax is reduced by an equal amount.
3. For each fiscal year beginning on or after July 1, 1982, the revenue of the local government from taxes ad valorem, except those levied for debt service, must not exceed the amount calculated as follows:
(a) The rate must be set so that when applied to the current fiscal years assessed valuation of all property which was on the preceding fiscal years assessment roll it will produce 104.5 percent of the revenue received from taxes ad valorem in the preceding fiscal year.
κ1983 Statutes of Nevada, Page 556 (CHAPTER 245, SB 27)κ
fiscal years assessment roll it will produce 104.5 percent of the revenue received from taxes ad valorem in the preceding fiscal year.
(b) This rate must be applied to the total assessed valuation, including new real property, possessory interest and mobile homes, for the current fiscal year.
4.] The local government may exceed the respective limits imposed by [this section] sections 8 to 10, inclusive, of this act upon combined amounts received and upon calculated receipts from taxes ad valorem only as provided in NRS 354.5986 or if its governing body proposes to its registered voters an additional levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended, and the duration of the levy, and the proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.
[5.] 2. To the maximum combined revenue otherwise allowable under [this section] sections 8 to 10, inclusive, of this act to a local government, the interim legislative committee on local governmental finance may add its estimate of the cost to that local government of any substantial program or expense required by legislative enactment which was not in effect for all or part of the preceding fiscal year.
[6.] 3. Distributions of the supplemental city-county relief tax must not be changed because actual collections of taxes ad valorem are greater or less than calculated when those taxes were levied, but any actual revenue received in excess of the maximum allowable from the combined sources must not be expended during the fiscal year in which collected, unless the interim legislative committee on local governmental finance otherwise directs.
Sec. 7. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 10, inclusive, of this act.
Sec. 8. The maximum amount of money which a local government, except a school district or a redevelopment agency, is permitted to receive from taxes ad valorem, other than those levied for the payment of bonded indebtedness and interest thereon incurred as a general or short-term obligation of the issuer, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated by:
1. First multiplying the tax rate certified for that local government for the fiscal year ending on June 30, 1981, by its assessed valuation as equalized for the collection of taxes during the fiscal year beginning on July 1, 1981. For the purposes of this subsection:
(a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(b) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
κ1983 Statutes of Nevada, Page 557 (CHAPTER 245, SB 27)κ
2. Then subtracting the estimated amount to be received by that local government from the supplemental city-county relief tax for the fiscal year for which the tax ad valorem is to be levied. For the fiscal years beginning on and after July 1, 1982, the executive director of the department of taxation shall provide this estimate to the local government on or before February 15 preceding the fiscal year to which it applies. A local government may, on or before March 1 preceding the fiscal year to which the estimate applies, appeal in writing to the interim legislative committee on local governmental finance, which may increase or decrease the estimate as it finds the facts warrant.
3. Then reducing the amount resulting from subsections 1 and 2 if necessary to bring it within any applicable limit provided in this section.
Sec. 9. 1. For the fiscal years beginning on and after July 1, 1982, the maximum allowable revenue from the supplemental city-county relief tax and taxes ad valorem, combined, but excluding any tax levied ad valorem for debt service, must be calculated as follows:
(a) Assessed valuation for the preceding fiscal year, including net proceeds of mines, is added to an amount equal to the product of that assessed valuation multiplied by the percentage increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls in the past year for that local government.
(b) The percentage increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation for the preceding year is the maximum percentage by which the combined amount allowable from the supplemental city-county relief tax and taxes ad valorem may increase over the amount allowed for the preceding year.
2. If the local government levies a tax ad valorem for debt service upon an obligation which has previously been repaid from another source, the combined amount which it may receive pursuant to this section is reduced by the amount of that tax ad valorem.
3. If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the amount that the county may receive from the supplemental city-county relief tax is reduced by an equal amount.
Sec. 10. For each fiscal year beginning on or after July 1, 1983, the revenue of the local government from taxes ad valorem, except those levied for debt service, must not exceed the amount calculated as follows:
1. Except as provided in subsection 2, the rate must be set so that when applied to the current fiscal years assessed valuation of all property which was on the preceding fiscal years assessment roll it will produce 104.5 percent of the revenue received from taxes ad valorem in the preceding fiscal year.
κ1983 Statutes of Nevada, Page 558 (CHAPTER 245, SB 27)κ
2. If the total revenue received from taxes ad valorem, except those levied for debt service, in any fiscal year drops below 20 percent of the maximum allowable combined revenue, the rate for the next year must be set so that when applied to the total assessed valuation it will produce an amount equal to the difference between the maximum allowable combined revenue and the estimated receipts from the supplemental city-county relief tax.
3. This rate must be applied to the total assessed valuation, including new real property, possessory interest and mobile homes, for the current fiscal year.
Sec. 11. NRS 354.5986 is hereby amended to read as follows:
354.5986 1. A local government, other than a school district or a redevelopment agency, whose governing body determines that unforeseen or uncontrollable conditions, existing or imminent, substantially impair its financial capacity to provide the basic services for which it was created may apply through the executive director of the department of taxation to the interim legislative committee on local governmental finance for a temporary exemption from the limitations imposed by [NRS 354.5982.] sections 8 to 10, inclusive, of this act. Such exemptions must be for no more than 2 years and must not permit the rate of levy for taxes ad valorem to increase by more than 50 cents per $100 of assessed valuation above the limitations otherwise established by [NRS 354.5982.] sections 8 to 10, inclusive, of this act.
2. In evaluating such applications, the committee shall consider the recommendation of the director of the department of taxation. The executive director and the commission shall consider, without limitation, the effect of a sudden and unusual change in population served, the construction of major public works and facilities, a significant decrease in one or more revenues from sources other than property taxes, excessive increases in the unit cost of providing services, whether present or probable, and events of an uncommon nature, such as judgments and other uninsured losses or natural disasters. The committee shall consider the general economic condition of the community and of the state and the effect of each proposal on the taxpayer, and make written findings of the facts supporting the exemption if it allows one.
Sec. 12. NRS 354.5987 is hereby amended to read as follows:
354.5987 For the purposes of [NRS 354.5982,] sections 8 to 10, inclusive, of this act, the basic revenue of any local government, as otherwise determined pursuant to [paragraph (a) of] subsection 1 of [that section,] section 8 of this act, coming into being subsequent to April 30, 1981, whether newly created, consolidated or both, must be initially established and approved by the interim legislative committee on local governmental finance acting after receiving the advice of the executive director of the department of taxation.
Sec. 13. NRS 354.618 is hereby amended to read as follows:
354.618 1. If the public interest requires short-term financing, the governing body of any local government, by a resolution unanimously adopted, may authorize short-term financing. The resolution must contain:
κ1983 Statutes of Nevada, Page 559 (CHAPTER 245, SB 27)κ
(a) A finding by the governing body that the public interest requires the short-term financing; and
(b) A statement of the facts upon which the finding is based.
2. Except as provided in subsection 3, before the adoption of any such resolution, the governing body shall publish notice of its intention to act thereon in a newspaper of general circulation for at least one publication. No vote may be taken upon such resolution until 10 days after the publication of the notice. The cost of publication of the notice required of an entity is a proper charge against its general fund.
3. In school districts having less than 100 pupils in average daily attendance the publication of the resolution may be made by posting conspicuously, in three different places in the school district, a notice containing in full the short-term financing resolution with the date upon which the board of trustees of the school district is to meet to act upon the resolution. Posting of the notice must be made not less than 10 days previous to the date fixed in the resolution for action thereon.
4. The governing body shall determine in its resolution whether the money required to retire such indebtedness and interest thereon is to be provided by:
(a) Revenues other than a special tax exempt from the limitations on levy of ad valorem taxes provided by [NRS 354.5982;] sections 8 to 10, inclusive, of this act; or
(b) A special tax so exempt.
Sec. 14. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:
(a) Distribute the amount specified in this paragraph among the following counties and city in the following percentages:
Percent-
Political Subdivision age
Churchill County............................................................................................ 3.23
City of North Las Vegas................................................................................ 46.52
City of Carlin................................................................................................... 2.72
Esmeralda County.......................................................................................... .20
Eureka County................................................................................................ .71
City of Winnemucca...................................................................................... 5.56
City of Caliente............................................................................................... .46
City of Yerington............................................................................................ 4.77
Mineral County.............................................................................................. 9.96
City of Gabbs.................................................................................................. 4.31
Pershing County............................................................................................ 2.52
City of Lovelock............................................................................................. 5.77
White Pine County........................................................................................ 5.37
City of Ely ....................................................................................................... 7.90 For the fiscal year beginning July 1, 1981, the monthly amount is $71,110.
κ1983 Statutes of Nevada, Page 560 (CHAPTER 245, SB 27)κ
For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.
(b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.
2. The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable revenue, as determined pursuant to [NRS 354.5982,] section 8 of this act, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district and any redevelopment agency, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to [subsections 2 and 3 of NRS 354.5982.] sections 9 and 10 of this act. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it must be deposited in the reserve fund for the supplemental city-county relief tax.
3. As used in this section, the basic ad valorem revenue:
(a) Of each local government is its assessed valuation for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district.
Sec. 15. NRS 473.050 is hereby amended to read as follows:
473.050 1. For the consideration and approval of the district board of directors, the state forester firewarden shall annually:
(a) Prepare a budget estimating the amount of money which will be needed to defray the expenses of the district organized under the provisions of NRS 473.020 and 473.030.
(b) Determine the amount of a special tax sufficient to raise the sum estimated to be necessary. The amount of the tax to be collected for the purposes of this section [shall] must not exceed, in any 1 year, 1 percent of the assessed value of the property described in subsection 2.
2. When so determined, the state forester firewarden shall certify the amount of the estimated sum and the estimated tax to the board of county commissioners in the county or counties wherein [such] the district or potion thereof is located.
κ1983 Statutes of Nevada, Page 561 (CHAPTER 245, SB 27)κ
the amount of the estimated sum and the estimated tax to the board of county commissioners in the county or counties wherein [such] the district or potion thereof is located. At the time of making the levy of county taxes for that year, the board of county commissioners may levy the tax certified, or a tax determined by the board of county commissioners to be sufficient for the purpose, upon all the real property, together with improvements thereon, and all property valued by the Nevada tax commission pursuant to NRS 361.320 [and] , 361.325 or section 1 of this act and similar intracounty properties in the district within its county.
3. If levied the tax [shall] must be assessed and collected in the same manner, at the same time and by the same officers as are state and county property taxes, and [shall] must be paid to the county treasurer. The county treasurer shall keep the money in a separate fund designated by district name and it [shall] must be used only for fire protection purposes.
4. Any tax money or county general fund money provided for support of the district may be used to provide structural as well as forest or watershed fire protection if deemed necessary. All funds [shall] must be expended in accordance with an annual budget prepared by the state forester firewarden and approved by the board of directors. The money so provided [shall] must be disbursed by the county treasurer to the responsible protecting agencies in accordance with the budget. All claims [shall] must be:
(a) Certified by a responsible officer of the protecting agency.
(b) Subject to approval and audit as are other claims against the agency.
(c) Subject to inspection and audit by the state forester firewarden and the board of county commissioners.
5. Any money budgeted for forest and watershed protection [shall] must be deposited in the state treasury to the credit of the division of forestry account within the state general fund and may be disbursed by the state forester firewarden in accordance with the district budget, and shall be used for the sole purpose of the prevention and suppression of fires in such organized fire protection districts in accordance with the state law and regulations.
Sec. 16. Section 2.5 of chapter 723, Statutes of Nevada 1981, at page 1776, is hereby repealed.
Sec. 17. 1. This section, and sections 1 to 3, inclusive, and 5 to 16, inclusive, of this act shall become effective upon passage and approval.
2. Section 4 of this act shall become effective on July 1, 1985.
________
κ1983 Statutes of Nevada, Page 562κ
Assembly Bill No. 429Committee on Judiciary
CHAPTER 246
AN ACT relating to larceny; including the use of a card or other device for automatically withdrawing or transferring money in a financial institution to obtain money to which the user is not entitled; providing a penalty; and providing other matters properly relating thereto.
[Approved May 11, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A person who uses a card or other device for automatically withdrawing or transferring money in a financial institution to obtain intentionally money to which he knows he is not entitled is guilty of grand larceny and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.
________
Senate Bill No. 329Committee on Judiciary
CHAPTER 247
AN ACT relating to the Nevada gaming commission; changing the definition of a regulation which may be adopted by the commission; and providing other matters properly relating thereto.
[Approved May 11, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Regulation means a rule, standard, directive or statement of general applicability which effectuates law or policy, or describes the procedure or requirements for practicing before the board or commission. The term includes a proposed regulation and the amendment or repeal of a prior regulation, but does not include:
1. A statement concerning only the internal management of the board or commission and not affecting the rights or procedures available to any licensee or other person;
2. A declaratory ruling;
3. An interagency memorandum or a memorandum between the board and the commission;
4. The boards or the commissions decision in a contested case or relating to an application for a license; or
5. Any notice concerning the fees to be charged which are necessary for the administration of this chapter.
κ1983 Statutes of Nevada, Page 563 (CHAPTER 247, SB 329)κ
Sec. 2. NRS 463.013 is hereby amended to read as follows:
463.013 As used in this chapter, the words and terms defined in NRS 463.0134 to 463.0197, inclusive, and section 1 of this act, unless the context otherwise requires, have the meanings ascribed to them in those sections.
Sec. 3. This act shall become effective on January 1, 1984.
________
Senate Bill No. 332Committee on Judiciary
CHAPTER 248
AN ACT relating to the casino entertainment tax; requiring monthly payment; and providing other matters properly relating thereto.
[Approved May 11, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.403 is hereby amended to read as follows:
463.403 1. [Except as provided in this subsection, every] Every person required to pay the tax imposed by NRS 463.401 shall file with the commission , [quarterly,] on or before the [last day of the month succeeding each calendar quarter,] 24th day of each month, a report showing the amount of all taxable receipts for [that calendar quarter. If the amount of tax for which the person is liable is $500 or more each month, the report must be filed monthly] the preceding month.
2. Each report must be accompanied by the amount of tax which is due for the [period] month covered by the report.
3. If the amount of tax required to be reported and paid pursuant to NRS 463.401 is later determined to be greater or less than the amount actually reported and paid by the licensee, the commission shall:
(a) Charge and collect the additional tax determined to be due, with interest thereon until paid; or
(b) Refund any overpayment to the person entitled thereto under this chapter, with interest thereon.
Interest is computed at the rate of 1 percent per month from the first day of the first month following either the due date of the additional tax or the date of overpayment until paid.
4. Any person who fails to pay the tax provided for in NRS 463.401 on or before the [last day of the month succeeding each calendar quarter] 24th day of each month shall pay in addition to the tax a penalty of $50 or 25 percent of the amount due, whichever is greater, but in no case can the penalty exceed $1,000. The commission shall collect the penalty in the same manner as other charges and penalties are collected under this chapter.
κ1983 Statutes of Nevada, Page 564 (CHAPTER 248, SB 332)κ
Sec. 2. This act shall become effective on June 1, 1983.
________
Senate Bill No. 337Committee on Judiciary
CHAPTER 249
AN ACT relating to gaming establishments; broadening the immunity of gaming licensees from liability for taking action against suspected cheaters; and providing other matters properly relating thereto.
[Approved May 11, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 465.101 is hereby amended to read as follows:
465.101 1. Any licensee, or his officers, employees or agents may question any person in his establishment suspected of violating any of the provisions of this chapter. No licensee or any of his officers, employees or agents is criminally or civilly liable [on] :
(a) On account of any such questioning [.] ; or
(b) For reporting to the state gaming control board or law enforcement authorities the person suspected of the violation.
2. Any licensee or any of his officers, employees or agents who [have] has probable cause for believing that there has been a violation of this chapter in his establishment by any person may take [such] that person into custody and detain him in the establishment in a reasonable manner and for a reasonable length of time. Such a taking into custody and detention does not render the licensee or his officers, employees or agents criminally or civilly liable [for false arrest, false imprisonment, slander or unlawful detention] unless it is established by clear and convincing evidence that the taking into custody and detention are unreasonable under all the circumstances.
3. No licensee or his officers, employees or agents are entitled to the immunity from liability provided for in [this section] subsection 2 unless there is displayed in a conspicuous place in his establishment a notice in boldface type clearly legible and in substantially this form:
Any gaming licensee, or any of his officers, employees or agents who [have] has probable cause for believing that any person has violated any provision of [this] chapter 465 of NRS prohibiting cheating in gaming may detain [such] that person in the establishment . [for the purpose of notifying a peace officer.]
________
κ1983 Statutes of Nevada, Page 565κ
Assembly Bill No. 512Committee on Government Affairs
CHAPTER 250
AN ACT relating to county boundaries; conforming the boundaries of Churchill, Pershing and Washoe counties to the section, township and range lines; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 243.010 is hereby amended to read as follows:
243.010 There shall be a county, to be known as Churchill County, to include all that part of the State of Nevada within the boundaries described as follows: Beginning at the southeast corner of Lyon County, and running thence east along the northern line of Esmeralda County to the northeast corner of Esmeralda County; thence northeast to the southwest corner of Lander County; thence north along the western line of Lander County to the 40th degree of north latitude; thence west along the 40th degree of north latitude to where it strikes the [summit of a range of mountains marking the] eastern boundary line of [Roop County (now a part of Washoe County); thence southerly along the range to the northeast corner of] Washoe County; thence southerly along the eastern boundary of Washoe County to a point 100 feet north of the centerline of the abandoned Central Pacific Railroad; thence northeasterly along the north side of the abandoned Central Pacific Railroad and parallel thereto, at a distance from the centerline thereof of 100 feet, to a point 100 feet northwesterly of the centerline of state highway route 1 (U.S. 40), that point bearing N. 1Ί57′03˝ W. a distance of 1,396.21 feet from the south quarter section corner of Section 5, T. 20 N., R. 25 E., M.D.B. & M.; thence N. 46Ί09′30˝ E. along a line 100 feet northwesterly of and parallel to the centerline of state highway route 1 (U.S. 40) a distance of 5,513.00 feet, more or less, to a point 100 feet northwesterly of the abandoned Central Pacific Railroad, the point bearing S. 75Ί38′21˝ W. a distance of 1,429.07 feet from the south quarter section corner of Section 33, T. 21 N., R. 25 E., M.D.B. & M.; thence northeasterly along the north side of the abandoned Central Pacific Railroad, parallel thereto and at a distance from the centerline thereof of 100 feet, to a point 16 miles from the east side of the bridge across the Truckee River, belonging to the Central Pacific Railroad Company, at the town of Wadsworth; thence southerly to a point on the Carson River 3 miles below Honey Lake, Smiths Old Station; thence southerly to the point of beginning.
Sec. 2. NRS 243.325 is hereby amended to read as follows:
243.325 The county of Pershing is hereby created out of the following territory: All of that portion of Humboldt County, as now constituted, lying west and south of a line drawn as follows: Beginning at a point where the 7th standard parallel north crosses the westerly boundary line of Humboldt County; thence east along the 7th standard parallel north to the point of intersection of that parallel with the range line between [Townships] Ranges 28 and 29 E.;
κ1983 Statutes of Nevada, Page 566 (CHAPTER 250, AB 512)κ
parallel north to the point of intersection of that parallel with the range line between [Townships] Ranges 28 and 29 E.; thence south along the range line to the corner of Townships 34 and 35 N., Ranges 28 and 29 E.; thence east along the township parallel between Townships 34 and 35 N. to the corner of Townships 34 and 35 N., Ranges 38 and 39 E.; thence south along the range line between Ranges 38 and 39 E. to the corner of Townships 32 and 33 N., Ranges 38 and 39 E.; thence east along the township parallel between Townships 32 and 33 N. to the corner of Townships 32 and 33 N., Ranges 41 and 42 E.; thence south along the range line between [Townships] Ranges 41 and 42 E. to the point of intersection of the range line with the boundary line between Humboldt and Lander Counties.
Sec. 3. NRS 243.340 is hereby amended to read as follows:
243.340 1. There shall be a county, to be known as Washoe County, to include all that part of the State of Nevada within the boundaries described as follows: Beginning at the northwest corner of Carson City, and running easterly along the northern boundary of Carson City to the county boundary monument common to Washoe County, Lyon County, Carson City and Storey County; thence N. 12Ί22′55˝ W. 3,137.70 feet to the section corner common to sections 10, 11, 14 and 15, T. 16 N., R. 20 E., M.D.B. & M.; thence easterly along the section line common to sections 11 and 14 to the section corner common to sections 11, 12, 13 and 14, T. 16 N., R. 20 E., M.D.B. & M.; thence northerly along the section line common to sections 11 and 12 to the section corner common to sections 1, 2, 11 and 12, T. 16 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 1 and 2 to the east one-quarter corner of section 2; thence easterly along the east-west one-quarter section line to the range line common to R. 20 E. and R. 21 E., M.D.B. & M.; thence northerly along such range line to the township line common to T. 16 N. and T. 17 N., M.D.B. & M.; thence continuing northerly along the range line to the section corner common to sections 25 and 36, T. 17 N., R. 20 E., and sections 30 and 31, T. 17 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the range line to the section corner common to sections 24 and 25, T. 17 N., R. 20 E., and sections 19 and 30, T. 17 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the range line to the section corner common to sections 13 and 24, T. 17 N., R. 20 E., and sections 18 and 19, T. 17 N., R. 21 E., M.D.B. & M.; thence easterly along the section line common to sections 18 and 19 to the section corner common to sections 17, 18, 19 and 20, T. 17 N., R. 21 E., M.D.B. & M.; thence northerly along the section line common to sections 17 and 18 to the section corner common to sections 7, 8, 17 and 18, T. 17 N., R. 21 E., M.D.B. & M.; thence westerly along the section line common to sections 7 and 18 to the south one-quarter corner of section 7; thence northerly along the north-south one-quarter section line to the one-quarter corner common to sections 6 and 7, T. 17 N., R. 21 E., M.D.B. & M.; thence westerly along the section line common to sections 6 and 7 to the range line common to R. 20 E. and R. 21 E., M.D.B. & M.; thence northerly along the range line to the township line common to T. 17 N. and T.
κ1983 Statutes of Nevada, Page 567 (CHAPTER 250, AB 512)κ
18 N., M.D.B. & M.; thence westerly along the township line to the south one-quarter corner of section 36, T. 18 N., R. 20 E., M.D.B. & M.; thence northerly along the north-south one-quarter section line to the one-quarter corner common to sections 25 and 36, T. 18 N., R. 20 E., M.D.B. & M.; thence easterly along the section line common to sections 25 and 36 to the range line common to R. 20 E. and R. 21 E., M.D.B. & M.; thence northerly along the range line to the section corner common to sections 24 and 25, T. 18 N., R. 20 E., M.D.B. & M., and sections 19 and 30, T. 18 N., R. 21 E., M.D.B. & M.; thence easterly along the section line common to sections 19 and 30 to the section corner common to sections 19, 20, 29 and 30, T. 18 N., R. 21 E., M.D.B. & M.; thence northerly along the section line common to sections 19 and 20 to the section corner common to sections 17, 18, 19 and 20, T. 18 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 17 and 18 to the section corner common to sections 7, 8, 17 and 18, T. 18 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 7 and 8 to the section corner common to sections 5, 6, 7 and 8, T. 18 N., R. 21 E., M.D.B. & M.; thence westerly along the section line common to sections 6 and 7 to the section corner common to sections 6 and 7 and sections 1 and 12, T. 18 N., R. 20 E., M.D.B. & M.; thence continuing westerly along the section line common to sections 1 and 12 to the section corner common to sections 1, 2, 11 and 12, T. 18 N., R. 20 E., M.D.B. & M.; thence northerly along the section line common to sections 1 and 2 to the section corner common to sections 1 and 2 and sections 35 and 36, T. 19 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 35 and 36 to the section corner common to sections 25, 26, 35 and 36, T. 19 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 25 and 26 to the section corner common to sections 23, 24, 25 and 26, T. 19 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 23 and 24, to the section corner common to sections 13, 14, 23 and 24, T. 19 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 13 and 14 to the section corner common to sections 11, 12, 13 and 14, T. 19 N., R. 20 E., M.D.B. & M.; thence easterly along the section line common to sections 12 and 13 to the centerline of the Truckee River (as described in paragraph (a) of subsection 2 of NRS 243.335); thence down such centerline of the Truckee River to its lower crossing; thence S. 53Ί06′03˝ E. to a point in the Immigrant Road further described as being a 1 1/46-inch iron pipe marked Storey, Lyon and Washoe; thence S. 27Ί53′57˝ W., 2,021.40 feet along the easterly line of Storey County to a point in the section line common to sections 3 and 10, T. 20 N., R. 24 E., M.D.B. & M.; thence easterly along the section lines common to sections 3 and 10, sections 2 and 11 and sections 1 and 12, T. 20 N., R. 24 E., and sections 6 and 7 and sections 5 and 8, T. 20 N., R. 25 E., M.D.B. & M., to its intersection with the northerly right of way line of Interstate Highway 80; thence [N. 38Ί41′41˝ E., 1,665.47 feet to a point marked by a sandstone monument measuring 12 inches by 12 inches by 4 feet located on an extension of the summit of mountains lying east of the Truckee River, and being common to Churchill, Lyon and Washoe counties; thence north, on the main summit of the mountains, to a point from which, running direct west, would intersect the Truckee River at its mouth in Pyramid Lake; thence due west, to the California line; thence south to the place of beginning.]
κ1983 Statutes of Nevada, Page 568 (CHAPTER 250, AB 512)κ
located on an extension of the summit of mountains lying east of the Truckee River, and being common to Churchill, Lyon and Washoe counties; thence north, on the main summit of the mountains, to a point from which, running direct west, would intersect the Truckee River at its mouth in Pyramid Lake; thence due west, to the California line; thence south to the place of beginning.] along the northerly right of way line of Interstate Highway 80 to an intersection with the section line common to sections 4 and 5, T. 20 N., R. 25 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 4 and 5 to the township line common to T. 20 N. and T. 21 N., M.D.B. & M.; thence easterly along the township line to the section corner common to sections 32 and 33, T. 21 N., R. 25 E., M.D.B. & M.; thence northerly along the section lines common to sections 20, 21, 28, 29, 32 and 33 to the section corner common to sections 16, 17, 20 and 21, T. 21 N., R. 25 E., M.D.B. & M.; thence easterly along the section line common to sections 16 and 21 to the section corner common to sections 15, 16, 21 and 22, T. 21 N., R. 25 E., M.D.B. & M.; thence northerly along the section lines common to sections 3, 4, 9, 10, 15 and 16, to the township line common to T. 21 N. and T. 22 N., M.D.B. & M.; thence westerly along the township line to the section corner common to sections 33 and 34, T. 22 N., R. 25 E., M.D.B. & M.; thence northerly along the section lines common to sections 9, 10, 15, 16, 21, 22, 27, 28, 33 and 34 to the one-quarter corner common to sections 9 and 10, T. 22 N., R. 25 E., M.D.B. & M.; thence westerly along the one-quarter section line to the one-quarter corner common to sections 8 and 9, T. 22 N., R. 25 E., M.D.B. & M.; thence northerly along the section lines common to sections 4, 5, 8 and 9 to the township line common to T. 22 N. and T. 23 N., M.D.B. & M.; thence westerly along the township line to the section line common to sections 31 and 32, T. 23 N., R. 25 E., M.D.B. & M.; thence northerly along the section lines common to sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31 and 32 to the township lines common to T. 23 N., T. 24 N., M.D.B. & M.; thence westerly along the township line to the range line common to R. 24 E. and R. 25 E., M.D.B. & M.; thence northerly along the range line to the 40th degree of north latitude; thence westerly along the 40th degree of north latitude to the range line common to R. 23 E. and R. 24 E., M.D.B. & M.; thence northerly along the common range lines continuously through each successive township to the Oregon line; thence westerly along the Oregon line to the California line; thence southerly along the California line to the place of beginning.
2. Notwithstanding anything to the contrary in subsection 1:
(a) The common boundary line between Carson City and Washoe County is redefined on July 1, 1969, and [such] that boundary line is hereby established as provided in section 1.030 of chapter 213, Statutes of Nevada 1969, as amended.
(b) The common boundary line between Storey County and Washoe County is redefined on April 21, 1973, and [such] that boundary line is [hereby] established as provided in subsection 1 and NRS 243.335.
κ1983 Statutes of Nevada, Page 569 (CHAPTER 250, AB 512)κ
County is redefined on April 21, 1973, and [such] that boundary line is [hereby] established as provided in subsection 1 and NRS 243.335.
________
Assembly Bill No. 46Committee on Judiciary
CHAPTER 251
AN ACT relating to the justices courts; authorizing a justice of the peace to provide for a substitute from any county; authorizing the temporary addition of another justice of the peace when work so requires; providing for traveling expenses for justices of the peace who fill temporary vacancies outside their counties; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 4.340 is hereby amended to read as follows:
4.340 1. Whenever any justice of the peace, in consequence of ill health, absence from his township, or other cause, is prevented from attending to his official duties, he may invite any other [duly] qualified justice of the peace of the same or another county to attend to his official duties, including those of registry agent. If he does not invite such a justice of the peace, the board of county commissioners may do so. A temporary vacancy resulting from absence, disability or other cause [shall] must not be so filled for more than 30 days at any one time.
2. [Where there is only one justice of the peace in any county and he, in consequence of ill health, absence from his township, or other cause,] Whenever any justice of the peace, in consequence of having too many or too lengthy matters before him, is prevented from [attending] timely attention to his official duties, he may , with the consent of the board of county commissioners, invite any other duly qualified justice of the peace of [some other] the same or another county to attend to some or all of his official duties, including those of registry agent , [. If he does not invite such a justice of the peace, the board of county commissioners may do so. A temporary vacancy resulting from absence, disability or other cause must not be so filled] for no more than 30 days at any one time.
3. A justice of the peace from another county temporarily acting in the place of another justice of the peace has no claim for services rendered by him under this section against the county in which he [may so temporarily reside.] serves except for his necessary traveling expenses.
________
κ1983 Statutes of Nevada, Page 570κ
Assembly Bill No. 451Committee on Government Affairs
CHAPTER 252
AN ACT relating to public securities; replacing obsolete references to the Dow Jones Municipal Bond Index with references to the Weekly Bond Buyers Index of Twenty Bonds and the Index of Revenue Bonds in provisions limiting interest on public securities; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 99.060 is hereby amended to read as follows:
99.060 1. As applied to bonds or other securities issued by this state or any political subdivision or municipal or public corporation of this state, effective interest rate means the interest rate based on the actual price paid to the public entity, calculated to maturity of the obligation according to standard tables of bond values.
2. When used in a limitation of the rate of interest upon such bonds or other securities, the Index of Twenty Bonds and the Index of Revenue Bonds refer to these indexes for municipal bonds as most recently published in the Weekly Bond Buyer, at One State Street Plaza in New York City.
Sec. 2. NRS 349.076 is hereby amended to read as follows:
349.076 Except as otherwise provided by a specific statute, the rate or rates of interest on securities issued by the state must not exceed by more than 3 percent [the Dow Jones Municipal Bond Index] :
1. For general obligations, the Index of Twenty Bonds; and
2. For special obligations, the Index of Revenue Bonds,
which was most recently published before the bids are received or a negotiated offer is accepted.
Sec. 3. NRS 349.077 is hereby amended to read as follows:
349.077 Except as otherwise provided by a specific statute, securities issued by the state may be sold at par, above par or below par at a discount of not more than 9 percent of the principal amount, but the effective interest rate must not exceed [by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.] the limit provided in NRS 349.076.
Sec. 4. NRS 349.260 is hereby amended to read as follows:
349.260 Except as otherwise provided in the constitution of the state and as otherwise provided in the State Securities Law and in any other act the provisions of which are relevant by express reference herein thereto, any state securities issued hereunder must be:
1. In such a form;
2. Issued in such a manner, at, above or below par at a discount not exceeding 9 percent of the principal amount of the securities, and at a price which will result in an effective interest rate which does not exceed [by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted;] the limit provided in NRS 349.076;
κ1983 Statutes of Nevada, Page 571 (CHAPTER 252, AB 451)κ
which was most recently published before the bids are received or a negotiated offer is accepted;] the limit provided in NRS 349.076;
3. Issued with such provisions:
(a) For the application of any accrued interest and any premium from the sale of any bonds or other state securities hereunder as provided in NRS 349.294;
(b) For the registration of the bonds or other securities for payment as to principal only, or as to both principal and interest, at the option of any holder of a bond or other security, or for registration for payment only in either manner designated;
(c) For the endorsement of payments of interest on the bonds or other securities or for reconverting the bonds or other securities into coupon bonds or other coupon securities, or both for such endorsement and such reconversion, where any bond or other security is registered for payment as to interest; and where interest accruing on the securities is not represented by interest coupons the securities may provide for the endorsing of payments of interest thereon;
(d) For the endorsement of payments of principal on the bonds or other securities, where any bond or other securities are registered for payment as to principal;
(e) For the initial issuance of one or more bonds or other securities aggregating the amount of the entire issue or any portion thereof, and the endorsement of payments of interest or principal, or both interest and principal, on the securities;
(f) For the manner and circumstances in and under which any such bond or other securities may in the future, at the request of the holder thereof, be converted into bonds or other securities of larger or smaller denominations, which bonds or other securities of larger or smaller denominations may in turn be either coupon bonds or other coupon securities or bonds or other securities registered for payment, or coupon bonds or other coupon securities with provisions for registration for payment;
(g) For the reissuance of any outstanding bonds or other securities, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code — Investment Securities, or otherwise;
(h) For the deposit of money, federal securities or other securities of the Federal Government, or both money and such securities, with and securing their repayment by a commercial bank or commercial banks within or without or both within and without this state; and
(i) For the payment of costs or expenses incident to the enforcement of the securities or of the provisions of the resolution or of any covenant or contract with the holders of the securities; and
4. Issued otherwise with such recitals, terms, covenants, conditions and other provisions,
as may be provided by the commission in a resolution authorizing their issuance and in any indenture or other proceedings appertaining thereto.
Sec. 5. NRS 349.276 is hereby amended to read as follows:
349.276 1. As the commission may determine, any bonds and other state securities issued hereunder, except as otherwise provided in the constitution of the state, or in the State Securities Law, or in any act supplemental thereto, must:
κ1983 Statutes of Nevada, Page 572 (CHAPTER 252, AB 451)κ
other state securities issued hereunder, except as otherwise provided in the constitution of the state, or in the State Securities Law, or in any act supplemental thereto, must:
(a) Be of a convenient denomination or denominations;
(b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code — Investment Securities;
(c) Mature at such a time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the commission;
(d) Be made payable in lawful money of the United States, at the office of the treasurer or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the commission; and
(e) Be printed at such a place within or without this state, as the commission may determine.
2. Any such bonds or other state securities must bear interest at a rate or rates which do not exceed [by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.] the limit provided in NRS 349.076. The interest must be made payable:
(a) If the security constitutes a debt subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state, semiannually.
(b) If the security does not constitute a debt or is issued for the protection and preservation of the states property or natural resources or for the purpose of obtaining the benefits thereof, at intervals which the commission shall designate, and the first interest payment may be for another period.
3. General obligation bonds must mature within [not exceeding] 20 years from their date or within 20 years from the date of passage of the act authorizing their issuance or the issuance of any securities funded or refunded thereby, whichever limitation is shorter; but any bonds constituting a debt which is not subject to the limitations stated in the first paragraph of section 3, of article 9 of the constitution of this state, as from time to time amended, must mature within not exceeding 50 years from their date.
4. Special obligation bonds must mature within not exceeding 50 years from their date.
Sec. 6. NRS 349.324 is hereby amended to read as follows:
349.324 1. Except as otherwise provided in NRS 349.320, the proceeds of taxes, pledged revenues and other money, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued to secure the payment of interim debentures, or any combination thereof, may be pledged to secure the payment of interim debentures; but the proceeds of taxes and the proceeds of bonds payable from taxes, or any combination thereof, must not be used to pay any special obligation interim debentures nor may their payment be secured by a pledge of any such general obligation bonds.
2. Any bonds pledged as collateral security for the payment of any interim debentures must mature at such time or times as the commission may determine, except as otherwise provided in subsections 3 and 4 of NRS 349.276.
κ1983 Statutes of Nevada, Page 573 (CHAPTER 252, AB 451)κ
interim debentures must mature at such time or times as the commission may determine, except as otherwise provided in subsections 3 and 4 of NRS 349.276.
3. Any bonds pledged as collateral security must not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of such bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds [by more than 3 percent the Dow Jones Municipal Bond Index] the rate permitted on the debenture or debentures secured, computed from the appropriate index which was most recently published before the bids are received or a negotiated offer is accepted.
Sec. 7. NRS 349.340 is hereby amended to read as follows:
349.340 1. No bonds may be refunded hereunder unless they have been outstanding for at least 1 year from the date of their delivery and unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 15 years from the date of issuance of the refunding bonds. Provision must be made for paying the securities within such period of time.
2. No maturity of any bond refunded may be extended over 15 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor in any event in the case of any bonds constituting a debt in contravention of any state constitutional debt limitation, nor may any interest on any bond refunded be increased to any rate exceeding [by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted;] the limit provided in NRS 349.076; but any general obligation bonds funding or refunding any securities which constitute a debt and are subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state, as from time to time amended, must mature within 20 years from the effective date of the act authorizing the issuance of the securities so funded or refunded thereby, or within 20 years from the date or earliest date of such securities, as the case may be, whichever limitation is shorter.
3. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent. In no event, however, in the case of any bonds constituting a debt may the principal of the bonds be increased to any amount in excess of any state debt limitation in the state constitution pertaining thereto.
4. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.
κ1983 Statutes of Nevada, Page 574 (CHAPTER 252, AB 451)κ
Sec. 8. NRS 350.2011 is hereby amended to read as follows:
350.2011 Except where the provisions, whenever enacted, of a general or special law or of a special charter otherwise require, the rate or rates of interest on securities issued by a political subdivision of this state must not exceed by more than 3 percent [the Dow Jones Municipal Bond Index] :
1. For general obligations, the Index of Twenty Bonds; and
2. For special obligations, the Index of Revenue Bonds,
which was most recently published before the bids are received or a negotiated offer is accepted.
Sec. 9. NRS 350.2012 is hereby amended to read as follows:
350.2012 Except where the provisions, whenever enacted, of a general or special law or of a special charter otherwise require, securities issued by a political subdivision of this state may be sold at par, above par or below par at a discount of not more than 9 percent of the principal amount, but the effective interest rate must not exceed [by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.] the limit provided in NRS 350.2011.
Sec. 10. NRS 350.614 is hereby amended to read as follows:
350.614 Except as otherwise provided in the Local Government Securities Law and in any other act the provisions of which are relevant by express reference herein thereto or by provisions to that effect therein, any securities issued hereunder must be:
1. In such a form;
2. Issued in such a manner, at, above or below par at such a discount not exceeding 9 percent of the principal amount of the securities, and at such a price which will result in an effective interest rate which does not exceed [by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted;] the limit provided in NRS 350.2011;
3. Issued with such provisions:
(a) For the application of any accrued interest and any premium from the sale of any bonds or other municipal securities hereunder as provided in NRS 350.648;
(b) For the registration of the bonds or other securities for payment as to principal only, or as to both principal and interest, at the option of any holder of a bond or other security, or for registration for payment only in either manner designated;
(c) For the endorsement of payments of interest on the bonds or other securities or for reconverting the bonds or other securities into coupon bonds or other coupon securities, or both for such endorsement and such reconversion, where any bond or other security is registered for payment as to interest; and where interest accruing on the securities is not represented by interest coupons the securities may provide for the endorsing of payments of interest thereon;
(d) For the endorsement of payments of principal on the bonds or other securities, where any bond or other securities are registered for payment as to principal;
κ1983 Statutes of Nevada, Page 575 (CHAPTER 252, AB 451)κ
(e) For the initial issuance of one or more bonds or other securities aggregating the amount of the entire issue or any portion thereof, and the endorsement of payments of interest or principal, or both interest and principal, on the securities;
(f) For the manner and circumstances in and under which any such bond or other securities may in the future, at the request of the holder thereof, be converted into bonds or other securities of larger or smaller denominations, which bonds or other securities of larger or smaller denominations may in turn be either coupon bonds or other coupon securities or bonds or other securities registered for payment, or coupon bonds or other coupon securities with provisions for registration for payment;
(g) For the reissuance of any outstanding bonds or other securities, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code — Investment Securities, or otherwise;
(h) For the deposit of money, federal securities or other securities of the Federal Government, or both money and all such securities, with and securing their repayment by a commercial bank or commercial banks within or without or both within and without this state; and
(i) For the payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities; and
4. Issued otherwise with such recitals, terms, covenants, conditions and other provisions,
as may be provided by the governing body in an ordinance authorizing their issuance and in any indenture or other proceedings appertaining thereto.
Sec. 11. NRS 350.630 is hereby amended to read as follows:
350.630 1. As the governing body may determine, any bonds and other municipal securities issued hereunder, except as otherwise provided in the Local Government Securities Law, or in any act supplemental thereto, must:
(a) Be of a convenient denomination or denominations;
(b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code — Investment Securities;
(c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the governing body, except as herein otherwise provided;
(d) Bear interest at a rate or rates which do not exceed [by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted,] the limit provided in NRS 350.2011, payable annually, semiannually or at other designated intervals, but the first interest payment date may be for interest accruing for any other period;
(e) Be made payable in lawful money of the United States, at the office of the treasurer or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the governing body; and
κ1983 Statutes of Nevada, Page 576 (CHAPTER 252, AB 451)κ
(f) Be printed at such a place, within or without this state, as the governing body may determine.
2. General obligation bonds must mature within [not exceeding] 30 years from their respective dates and, if they mature serially, commencing not later than the fifth year thereafter, in such manner as the governing body may determine.
3. Special obligation bonds must mature within [not exceeding] 50 years from their respective dates.
Sec. 12. NRS 350.678 is hereby amended to read as follows:
350.678 1. Except as otherwise provided in NRS 350.674, the proceeds of taxes, pledged revenues and other money, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued to secure the payment of interim debentures, or any combination thereof, may be pledged to secure the payment of interim debentures; but the proceeds of taxes and the proceeds of bonds payable from taxes, or any combination thereof, must not be used to pay any special obligation interim debentures nor may their payment be secured by a pledge of any such general obligation bonds.
2. Any bonds pledged as collateral security for the payment of any interim debentures must mature at such time or times as the governing body may determine, except as otherwise provided in subsections 2 and 3 of NRS 350.630.
3. Any bonds pledged as collateral security must not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of such bonds, nor may they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds [by more than 3 percent the Dow Jones Municipal Bond Index] the rate permitted on the debenture or debentures secured, computed from the appropriate index which was most recently published before the bids are received or a negotiated offer is accepted.
Sec. 13. NRS 350.694 is hereby amended to read as follows:
350.694 1. No bonds may be refunded under this chapter unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 25 years from the date of issuance of the refunding bonds. Provision must be made for paying the securities within that period of time.
2. No maturity of any bond refunded may be extended more than 25 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest on any bond refunded be increased to any rate which exceeds [by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.] the limit provided in NRS 350.2011.
3. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed those unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds.
κ1983 Statutes of Nevada, Page 577 (CHAPTER 252, AB 451)κ
interest costs of the refunding bonds do not exceed those unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent. In no event, however, in the case of any bonds constituting a debt may the principal of the bonds be increased to any amount in excess of any municipal debt limitation.
4. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.
5. If at the time of the issuance of any issue of general obligation refunding bonds provision is not made for the redemption of all the outstanding bonds of the or each issue refunded, as the case may be, by the use of proceeds of the refunding bonds and any other money available for the redemption, the general obligation refunding bonds may mature but are not required to mature serially commencing not later than the third year after their respective dates in accordance with subsection 2 of NRS 350.630.
Sec. 14. NRS 267.510 is hereby amended to read as follows:
267.510 In the contracts, documents and other instruments designated in NRS 267.505, the governing body may:
1. Obligate the municipality to repay to the Federal Government the cost of the project undertaken by it for the municipality, including without limitation all incidental costs pertaining thereto, over a term of not exceeding 40 years commencing on any specified date in the calendar year next following the calendar year in which the project is completed or is estimated to be completed in any such contract between the municipality and the Federal Government, or in any other such document or any other such instrument, whichever period is later, and otherwise upon such terms and conditions and with such other provisions as the municipality and the Federal Government may provide, except as otherwise provided in NRS 267.450 to 267.530, inclusive.
2. Obligate the municipality to pay to the Federal Government interest on the project cost, except to the extent an allowance is made in the project cost for interest during the period of construction or during any other period determined by the municipality and the Federal Government, at a rate or rates which do not exceed by more than 3 percent [the Dow Jones Municipal Bond Index] :
(a) For general obligations, the Index of Twenty Bonds; and
(b) For other obligations, the Index of Revenue Bonds,
which is in effect at the time the agreement is made.
3. Obligate the municipality to operate and maintain the facilities resulting from the project or otherwise pertaining thereto, in such manner, upon such terms and conditions, and otherwise with such other provisions as the municipality and the Federal Government may provide.
4. Pledge the full faith and credit of the municipality for the payment of the money due under such contracts, documents and other instruments.
5. Provide for the payment of such money as general obligations or special obligations of the municipality, or as general obligations of the municipality the payment of which is additionally secured by a pledge of revenues derived from any utility or other income-producing project of the municipality legally available therefor.
κ1983 Statutes of Nevada, Page 578 (CHAPTER 252, AB 451)κ
special obligations of the municipality, or as general obligations of the municipality the payment of which is additionally secured by a pledge of revenues derived from any utility or other income-producing project of the municipality legally available therefor.
6. Otherwise pledge the full faith and credit of the municipality for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of the municipality in any such contract with the Federal Government.
7. Exercise any combination of powers provided in NRS 267.450 to 267.515, inclusive.
Sec. 15. NRS 271.355 is hereby amended to read as follows:
271.355 1. For the purposes of paying any contractor or otherwise defraying any costs of the project as the costs become due from time to time until the money is available therefor from the levy and collection of assessments and any issuance of bonds, the governing body may issue interim warrants.
2. Any interim warrants issued for any construction work may be issued only upon estimates of the engineer.
3. Any interim warrants must:
(a) Bear such date or dates;
(b) Mature in such denomination or denominations at such time or times, or at any time upon call;
(c) Bear interest at a rate or rates which do not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted; and
(d) Be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer,
as the governing body may determine.
4. Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the governing body pledges the full faith and credit of the municipality, or may be special obligations payable from designated special assessments, any bond proceeds, and any other money designated to be available for the redemption of such interim warrants, and generally must be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the governing body by ordinance.
Sec. 16. NRS 271.405 is hereby amended to read as follows:
271.405 1. All assessments made in pursuance of the assessment ordinance are due and payable without demand within 30 days after the effective date of the assessment ordinance.
2. All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the governing body so authorizes the payment of assessments.
κ1983 Statutes of Nevada, Page 579 (CHAPTER 252, AB 451)κ
3. Failure to pay the whole assessment within 30 days is conclusively considered an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.
4. All persons so electing to pay in installments are conclusively considered as consenting to such projects, and such an election is conclusively considered as a waiver of all rights to question the power or jurisdiction of the municipality to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.
5. The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The governing body may require in the assessment ordinance the payment of a premium for any such prepayment, which must not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which is in effect at the time the election is made, as a percentage of the installment or installments of principal so prepaid.
6. Subject to the foregoing provisions, all installments, both of principal and interest, are payable at such times as may be determined in and by the assessment ordinance.
7. The clerk shall give notice by publication or by mail of the levy of any assessment, of the fact that it is payable, and of the last day for its payment as herein provided.
Sec. 17. NRS 271.485 is hereby amended to read as follows:
271.485 1. Any bonds issued pursuant hereto may be sold in such a manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses.
2. Bonds must first be offered at a public sale, and if no satisfactory bid is then received, the bonds may be sold at private sale:
(a) For not less than the principal amount thereof and accrued interest thereon; or
(b) At the option of the governing body, below par at such a discount not exceeding 9 percent of the principal amount and at a price which will not result in an effective interest rate which exceeds by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted if the maximum or any lesser amount of discount permitted by the governing body has been capitalized as a cost of the project.
3. The bond interest rate must not at any time exceed the interest rate (or lower or lowest rate if more than one) borne by the special assessments, but any such bond interest rate may be the same as or less than any assessment interest rate, subject to the aforesaid limitation, as the governing body may determine.
4. The governing body may employ legal, fiscal, engineering and other expert services in connection with any project herein authorized and the authorization, issuance and sale of bonds.
5. Any accrued interest and any premium must be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
κ1983 Statutes of Nevada, Page 580 (CHAPTER 252, AB 451)κ
payment of the interest on or the principal of the bonds, or both interest and principal.
6. Any unexpended balance of bond proceeds remaining after the completion of the project for which the bonds were issued must be paid immediately into the fund created for the payment of the principal of the bonds and must be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
7. The validity of the bonds must not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
8. The purchaser or purchasers of the bonds are not responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.
9. The governing body may enter into a contract to sell special assessment bonds at any time; but, any other provisions hereof notwithstanding, if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if:
(a) Before awarding the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project; and
(b) It has not elected to proceed under subsection 2 or 3 of NRS 271.330, but has elected to proceed under subsection 1 thereof.
10. If the governing body ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in NRS 271.305, or for any other reason, any contract to sell special assessment bonds must thereupon be terminated and becomes inoperative.
Sec. 18. NRS 279.310 is hereby amended to read as follows:
279.310 1. A municipality may issue bonds from time to time to finance the undertaking of any urban renewal project under NRS 279.010 to 279.380, inclusive, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans, and also may issue refunding bonds for the payment or retirement of such bonds previously issued by it. Such bonds must be made payable, as to both principal and interest, solely from the income, proceeds, revenues and funds of the municipality derived from or held in connection with its undertaking and carrying out of urban renewal projects under NRS 279.010 to 279.380, inclusive. Payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the Federal Government or other source, in aid of any urban renewal projects of the municipality under NRS 279.010 to 279.380, inclusive, and by a mortgage of any such urban renewal projects, or any part thereof, title to which is in the municipality.
κ1983 Statutes of Nevada, Page 581 (CHAPTER 252, AB 451)κ
2. Bonds issued under this section do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and are not subject to the provisions of any other law or charter relating to the authorization, issuance or sale of bonds. Bonds issued under the provisions of NRS 279.010 to 279.380, inclusive, are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, are exempted from all taxes.
3. Bonds issued under this section must be authorized by resolution or ordinance of the local governing body and may be issued in one or more series and bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, which must not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, be secured in such manner, and have such other characteristics, as may be provided by such a resolution or trust indenture or mortgage issued pursuant thereto.
4. Such bonds may be sold at public sales held after notice published before those sales in a newspaper having a general circulation in the area of operation and in such other medium of publication as the municipality may determine, or may be exchanged for other bonds on the basis of par. Such bonds may be sold to the Federal Government at private sale and, in the event less than all of the authorized principal amount of such bonds is sold to the Federal Government, the balance may be sold at private sale at an interest cost to the municipality of not more than the interest cost to the municipality of the portion of the bonds sold to the Federal Government.
5. If any of the public officials of the municipality whose signatures appear on any bonds or coupons issued under NRS 279.010 to 279.380, inclusive, cease to be such officials before the delivery of the bonds, their signatures are nevertheless valid and sufficient for all purposes, the same as if the officials had remained in office until the delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to NRS 279.010 to 279.380, inclusive, must be fully negotiable.
6. In any suit, action or proceeding involving the validity or enforceability of any bond issued under NRS 279.010 to 279.380, inclusive, or the security therefor, any such bond reciting in substance that it has been issued by the municipality in connection with an urban renewal project shall be conclusively deemed to have been issued for that purpose and the project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of NRS 279.010 to 279.380, inclusive.
κ1983 Statutes of Nevada, Page 582 (CHAPTER 252, AB 451)κ
Sec. 19. NRS 309.160 is hereby amended to read as follows:
309.160 For the purpose of organization, the board of directors (in this chapter sometimes merely designated the board) may at any time incur an indebtedness not exceeding in the aggregate the sum of $5,000, nor in any event to exceed $1 per acre, and may cause warrants to the district to issue therefor, bearing interest at a rate or rates which do not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted, and the board may levy an assessment of not more than $1 per acre on all lands in the district for the payment of such expenses. Thereafter, the board may levy an assessment, annually, in the absence of assessments therefor under any of the other provisions of this chapter, of not more than 20 cents per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. Such assessments must be collected as provided in this chapter for the collection of other assessments.
Sec. 20. NRS 309.180 is hereby amended to read as follows:
309.180 1. The bonds authorized by vote must be designated as a series, and the series must be numbered consecutively as authorized. The portion of the bonds of the series authorized to be sold at any time must be designated as an issue and each issue must be numbered in its order. The bonds of such issue must be numbered consecutively commencing with those earliest falling due. They must be negotiable in form and payable in money of the United States and in such amounts and maturing at such time or times, not exceeding 20 years, as the board of directors may prescribe. Interest coupons must be attached thereto, and all bonds and coupons must be dated on January 1 or July 1 next following the date of their authorization, and they must bear interest at a rate which does not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which was more recently published before the bids are received or a negotiated offer is accepted, payable semiannually on January 1 and July 1 of each year. The principal and interest must be payable at the place designated therein. Each bond must be of a denomination of not less than $100 nor more then $1,000, and must be signed by the president and secretary, and the seal of the district affixed thereto. Coupons attached to each bond must be signed by the secretary. The bonds must express on their face that they were issued by the authority of this chapter, naming it, and must also state the number of the issue of which the bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of sale, the price received, and the name of the purchaser.
2. In case the money raised by the sale of all the bonds is insufficient for the completion of the plans and works adopted, and additional bonds are not voted, the board of directors shall provide for the completion of the plan by levy or assessment therefor; but when the money obtained by any previous issue of bonds has become exhausted by expenditures authorized by this chapter, and it becomes necessary to raise additional money to carry out the adopted plan, additional bonds may be issued if authorized at an election for that purpose.
κ1983 Statutes of Nevada, Page 583 (CHAPTER 252, AB 451)κ
raise additional money to carry out the adopted plan, additional bonds may be issued if authorized at an election for that purpose. The election must be called and otherwise conducted in accordance with the provisions of this chapter in respect to an original issue for bonds.
3. The lien for taxes for the payment of interest and principal of any bond series is a prior lien to that of any subsequent bond series. The time for the issuance and maturity of the bonds and the manner of their payment may by otherwise determined and directed if submitted to vote by the electors of the district at the election authorizing the bonds.
Sec. 21. NRS 315.630 is hereby amended to read as follows:
315.630 By resolution, an authority may authorize bonds. The resolution, its trust indenture or mortgage may provide for:
1. The issuance of bonds in one ore more series.
2. The date the bonds must bear.
3. The date of maturity.
4. The interest rate or rates, which must not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted.
5. The denomination of the bonds.
6. The form of the bonds, either coupon or registered.
7. The conversion or registration privileges which the bonds must carry.
8. The rank or priority of the bonds.
9. The manner of execution of the bonds.
10. The medium of payment in which the bonds are payable.
11. The place of payment.
12. The terms of redemption, with or without premium.
Sec. 22. NRS 354.440 is hereby amended to read as follows:
354.440 1. Whenever the governing body of any local government is authorized to enter into short-term financing as provided in NRS 354.430, the governing body may issue, as evidence thereof, negotiable notes or short-time negotiable bonds.
2. Except as provided in subsection 5 of NRS 496.155, the negotiable notes or bonds must:
(a) Mature not later than 5 years after the date of issuance.
(b) Bear interest at a rate or rates which do not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted.
(c) Be redeemable at the option of the local government at any time when money is available in the special tax fund provided for in NRS 354.460, upon such terms as the governing body determines.
Sec. 23. NRS 355.130 is hereby amended to read as follows:
355.130 1. By unanimous vote of its members and with the approval of the state board of examiners, the state board of finance may lend any available money in the state treasury, other than that in the state permanent school fund and the state insurance fund, to local governments situated within the boundaries of the State of Nevada.
κ1983 Statutes of Nevada, Page 584 (CHAPTER 252, AB 451)κ
Such loans must be made only to local governments which have observed the regulations and followed the procedure for obtaining short-term financing set forth in chapter 354 of NRS. Such loans must be made for a period of not longer than 5 years and must bear interest at a rate which does not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted.
2. In making loans to local governments, the state board of finance shall follow the procedure for making other loans set forth in this chapter.
Sec. 24. NRS 396.850 is hereby amended to read as follows:
396.850 Except as herein otherwise provided and as otherwise provided in any other act the provisions of which are relevant by express reference herein thereto, any securities issued hereunder must be:
1. In such form;
2. Issued in such manner, at, above or below par at such a discount not exceeding 9 percent of the principal amount of the securities, at public or private sale, and at a price which will result in an effective interest rate which does not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted; and
3. Issued with such recitals, terms, covenants, conditions and other provisions,
as may be provided by the board in a resolution authorizing their issuance and in any indenture or other proceedings appertaining thereto.
Sec. 25. NRS 396.852 is hereby amended to read as follows:
396.852 1. As the board may determine, any bonds and other securities issued hereunder (except as herein otherwise provided) must:
(a) Be of a convenient denomination or denominations;
(b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code — Investment Securities;
(c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the board, but not exceeding 50 years from their date;
(d) Bear interest at a rate or rates which do not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted, the interest on each bond to be payable annually, semiannually, or at other designated intervals, but the first interest payment date may be for interest accruing for any other period;
(e) Be made payable in lawful money of the United States, at the office of the treasurer of the university or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the board; and
(f) Be printed as such place within or without this state, as the board may determine.
κ1983 Statutes of Nevada, Page 585 (CHAPTER 252, AB 451)κ
2. Any bonds issued hereunder must have one or two sets of interest coupons, bearing the number of the bond to which they are respectively attached, numbered consecutively in regular numerical order, and attached in such a manner that they can be removed upon the payment of the installments of interest without injury to the bonds, except as herein otherwise provided.
Sec. 26. NRS 396.869 is hereby amended to read as follows:
396.869 1. Pledged revenues and other money, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued to secure the payment of interim debentures, or any combination thereof, may be pledged to secure the payment of interim debentures.
2. Any bonds pledged as collateral security for the payment of any interim debentures mature at such time or times as the board may determine, but in no event exceeding 50 years from the dates of such bonds and such interim debentures, or if the dates are not the same, from whichever date is the earlier.
3. Any bonds pledged as collateral security must not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of the bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds by more than 3 percent the [Dow Jones Municipal Bond] Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted.
Sec. 27. NRS 396.874 is hereby amended to read as follows:
396.874 1. No bonds may be refunded hereunder unless they have been outstanding for at least 1 year after the date of their delivery and unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 15 years after the date of issuance of the refunding bonds. Provision must be made for paying the securities within that period.
2. The maturity of any bond refunded may not be extended over 15 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest thereon be increased to any rate which exceeds by more than 3 percent the [Dow Jones Municipal Bond] Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted.
3. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs on the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent.
4. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.
κ1983 Statutes of Nevada, Page 586 (CHAPTER 252, AB 451)κ
than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.
Sec. 28. NRS 539.277 is hereby amended to read as follows:
539.277 1. When a contract has been or may hereafter be made with the United States, bonds of the district may be transferred to or deposited with the United States, if so provided by the contract and authorized as set forth in this chapter, at not less than 95 percent of their par value to the amount or any part thereof to be paid by the district to the United States.
2. The interest or principal, or both, of the bonds must be raised by assessment and levy as prescribed in this chapter and be regularly paid to the United States and applied as provided in the contract.
3. Bonds transferred to or deposited with the United States may call for the payment of such interest, which must not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted, may be of such denomination, and may call for the repayment of the principal at such times as may be agreed upon between the board and the Secretary of the Interior.
Sec. 29. NRS 539.280 is hereby amended to read as follows:
539.280 1. The contract with the United States may likewise call for the payment of the amount or amounts or any part thereof to be paid by the district to the United States at such times and in such installments and with such interest charges, which must not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which is in effect at the time the agreement is made, as may be agreed upon, and for assessment and levy therefor as provided in this chapter.
2. The obligations of such contracts are a prior lien to any subsequent bond issue.
Sec. 30. NRS 539.375 is hereby amended to read as follows:
539.375 1. The board of directors of the district may:
(a) Incur an indebtedness not exceeding, in the aggregate, the sum of $1,500, and not exceeding the estimated cost of preliminary surveys and engineering data; and
(b) Cause warrants of the district to issue therefor, bearing interest at a rate or rates which do not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted.
2. The directors of the district may levy an assessment on all the lands in a division benefited by such proposed improvements, in addition to any district assessment on the lands within the division, for the payment of the expenses and the redemption of the warrants.
Sec. 31. NRS 539.427 is hereby amended to read as follows:
539.427 The board of directors may prepare plans and estimates of the cost of such a proposed improvement and determine the manner in which the cost of the improvement must be provided for. For this purpose the board of directors may propose the issuance of bonds, notes or certificates of indebtedness payable by an assessment or otherwise on the property in the improvement district, bearing interest at a rate which does not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually, and in such amounts and maturing at such time or times, not exceeding 20 years, as the board of directors may prescribe.
κ1983 Statutes of Nevada, Page 587 (CHAPTER 252, AB 451)κ
on the property in the improvement district, bearing interest at a rate which does not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually, and in such amounts and maturing at such time or times, not exceeding 20 years, as the board of directors may prescribe.
Sec. 32. NRS 539.465 is hereby amended to read as follows:
539.465 1. If the proposed plan for the funding or refunding of bonds, notes or certificates of indebtedness is approved by the department of taxation, the board of directors of the irrigation district shall call an election in the improvement district for the purpose of authorizing the issuance of such funding or refunding bonds.
2. Such an election must be called and held and the result of the election determined and declared substantially in the same manner as provided by this chapter for the issuance of other bonds of improvement districts in irrigation districts, except that a majority vote only is required for the authorization of such funding or refunding bonds.
3. The maturity or maturities of the funding or refunding bonds must be fixed by the board of directors of the irrigation district, subject to the approval of the department of taxation, but in no case may the maturity of any of the bonds be more than 40 years from the date thereof. The rate or rates of interest on such bonds, must not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually.
Sec. 33. NRS 539.480 is hereby amended to read as follows:
539.480 1. For the purpose of organization or any of the purposes of this chapter, the board of directors may incur an indebtedness not exceeding in the aggregate the sum of $180,000, nor in any event exceeding $2 per acre, and may cause warrants of the district to issue therefor, bearing interest which must not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted. The board may levy an assessment of not more than $2 per acre on all lands in the district for the payment of such expenses.
2. Thereafter the board may levy an annual assessment, in the absence of assessments therefor under any of the other provisions of this chapter, of not more than $1.50 per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. The assessment must be collected as provided in this chapter for the collection of other assessments.
Sec. 34. NRS 539.607 is hereby amended to read as follows:
539.607 1. If any installment of taxes has been levied for the payment of any outstanding bonds or interest of any irrigation district, the board of directors may issue notes bearing a rate of interest which must not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted. The notes must be payable out of the installment of taxes so levied and must not be in excess of 75 percent of the levy.
κ1983 Statutes of Nevada, Page 588 (CHAPTER 252, AB 451)κ
must be payable out of the installment of taxes so levied and must not be in excess of 75 percent of the levy. The proceeds derived from such notes may be used only for the purpose of meeting the obligation of the district for which the tax was levied.
2. If the proceeds of the taxes are insufficient, through delinquency or uncollectibility of taxes or other cause, to pay, when due, all the lawful debts for which the taxes were levied, the board of directors shall levy and collect in the next succeeding year a special tax in addition to all other taxes in an amount sufficient to pay all of such lawfully contracted indebtedness, and may borrow as provided in this section in anticipation of such tax to pay off any such lawfully contracted indebtedness.
Sec. 35. NRS 539.630 is hereby amended to read as follows:
539.630 The bonds must bear interest at a rate or rates which do not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually on January 1, and July 1 of each year.
Sec. 36. NRS 543.710 is hereby amended to read as follows:
543.710 1. To carry out the purposes of NRS 543.160 to 543.830, inclusive, the board may issue general obligation negotiable coupon bonds of the district.
2. Bonds must:
(a) Bear interest at a rate or rates which do not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually.
(b) Be due and payable serially, either annually or semiannually, commencing not later than 3 years and extending not more than 40 years from date.
(c) Be in such denominations as the board determines and the bonds and coupons thereto attached must be payable to bearer.
(d) Be executed in the name and on behalf of the district and signed by the chairman of the board with the seal of the district affixed thereto and attested by the secretary of the board.
3. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, but at least one signature required or permitted to be placed thereon must be manually subscribed, and his facsimile signature has the same legal effect as his manual signature. Interest coupons must bear the original or facsimile signature of the chairman of the board.
4. The form and terms of the bonds, including provisions for their payment and redemption, must be determined by the board. If the board so determines, the bonds may be redeemable before maturity upon payment of a premium, not exceeding 9 percent of the principal thereof.
κ1983 Statutes of Nevada, Page 589 (CHAPTER 252, AB 451)κ
Sec. 37. NRS 704A.310 is hereby amended to read as follows:
704A.310 1. For the purpose of paying any contractor or otherwise defraying any costs as they become due from time to time until money is available therefor from the levy and collection of assessments and any issuance of bonds, the governing body may issue interim warrants.
2. Any interim warrants must:
(a) Bear such date or dates;
(b) Mature in such a denomination or denominations at such time or times, or at any time upon call;
(c) Bear interest at such a rate or rates, which must not exceed by more than 3 percent the [Dow Jones Municipal Bond] Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted; and
(d) Be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer,
as the governing body may determine.
3. Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be special obligations payable from designated special assessments, any bond proceeds, and any other money designated to be available for the redemption of the interim warrants, and generally must be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the governing body by ordinance.
Sec. 38. Section 11 of chapter 164, Statutes of Nevada 1947, as last amended by chapter 637, Statutes of Nevada 1981, at page 1427, is hereby amended to read as follows:
Sec. 11. Terms and Provisions of Bonds. 1. The bonds of the district, hereinabove referred to and authorized to be issued by ordinance, as provided in section 10 of this act, shall be of such series, bear such date or dates, mature at such time or times, not exceeding twenty-five (25) years from their respective dates, bear interest at such rate or rates, which must not exceed by more than 3 percent [the Dow Jones Municipal Bond Index] :
(a) For general obligations, the Index of Twenty Bonds; and
(b) For other obligations, the Index of Revenue Bonds,
which was most recently published before the bids are received or a negotiated offer is accepted, payable at such time, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration exchangeability and interchangeability privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption and callability, and be entitled to such priorities in the revenues or receipts of such district as the ordinance may provide. The bonds shall be signed by such officers as the district shall determine, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signature of the treasurer of the district, all as may be prescribed in such ordinance.
κ1983 Statutes of Nevada, Page 590 (CHAPTER 252, AB 451)κ
coupons bearing the facsimile signature of the treasurer of the district, all as may be prescribed in such ordinance. Any such bonds may be issued and delivered, notwithstanding that one or more of the officers signing such bonds, or the treasurer whose facsimile signature shall be upon the coupon or any thereof, shall have ceased to be such officer or officers at the time when such bonds shall actually be delivered.
2. Said bonds may be sold at public or private sale, for such price or prices as the board of directors shall determine. The interest cost to maturity of the money received for any issue of said bonds shall not exceed [by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.] the limit provided in subsection 1. Pending the preparation of the definitive bonds, interim receipts may be issued to the purchaser or purchaser of such bonds, and may contain such bonds, and may contain such terms and conditions as the board of directors may determine.
3. The district may enter into any deeds of trust, indentures, or other agreements with any bank or trust company or other person or persons in the United States having power to enter into the same, including any federal agency, as security for such bonds, and may assign and pledge all or any of the revenues or receipts of the district thereunder. Such deed of trust, indenture, or other agreement may contain such provisions as may be customary in such instruments or as the board of directors may authorize, including (but without limitation) provisions as to (1) the construction, improvement, operation maintenance and repair of any project and the duties of the district with reference thereto, (2) the application of funds and the safeguarding of funds on hand or on deposit, (3) the rights and remedies of said trustee and the holders of the bonds (which may include restrictions upon the individual right of action of such bondholders), and (4) the terms and provisions of the bonds or the ordinance authorizing the issuance of the same.
4. Said bonds shall have all the qualities of negotiable instruments under the law merchant and the negotiable instruments law of the State of Nevada.
Sec. 39. Section 26 of the Mineral County Power System Revenue Bond Law, being chapter 169, Statutes of Nevada 1961, as last amended by chapter 637, Statutes of Nevada 1981, at page 1422, is hereby amended to read as follows:
Sec. 26. Revenue bonds must not bear interest at a rate which exceeds by more than 3 percent the [Dow Jones Municipal Bond] Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted.
Sec. 40. Section 28 of the Mineral County Power System Revenue Bond Law, being chapter 169, Statutes of Nevada 1961, as last amended by chapter 637, Statutes of Nevada 1981, is hereby amended to read as follows:
κ1983 Statutes of Nevada, Page 591 (CHAPTER 252, AB 451)κ
Sec. 28. 1. Any such revenue bonds shall be sold at public or private sale for not less than the principal amount thereof and accrued interest, or at the boards option below par at a discount not exceeding 9 percent of the principal amount thereof and at a price which will not result in an effective interest rate which exceeds by more than 3 percent the [Dow Jones Municipal bond] Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted.
2. No discount (except as hereinabove provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.
3. The board may employ legal, fiscal, engineering and other expert services in connection with the acquisition or improvement of any project or facilities and the authorization, issuance and sale of bonds.
Sec. 41. Section 25 of chapter 474, Statutes of Nevada 1977, as last amended by chapter 637, Statutes of 1981, at page 1425, is hereby amended to read as follows:
Sec. 25. 1. Subject to the limitations and other provisions in this act, the board may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law, except as otherwise provided in subsections 3, 4 and 5:
(a) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;
(b) General obligations bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;
(c) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes, which payment is secured by a pledge of and lien on such net revenues; or
(d) Any combination of such securities.
2. Nothing in this act prevents the authority from funding, refunding or reissuing any outstanding securities of the authority of a type designated in subsection 1 as provided in the Local Government Securities Law.
3. General obligation or revenue bonds may be sold for not less than 90 percent of their face amount and for an effective rate which must not exceed by more than 3 percent [Dow Jones Municipal Bond Index] :
(a) For general obligations, the Index of Twenty Bonds; and
(b) For other obligations, the Index of Revenue Bonds,
which was most recently published before the bids are received or a negotiated offer is accepted.
κ1983 Statutes of Nevada, Page 592 (CHAPTER 252, AB 451)κ
4. General obligation bonds, regardless of whether their payment is additionally secured by a pledge of and lien on net revenues, must be sold as provided in the Local Government Securities Law.
5. Revenue bonds may be sold at public sale as provided in the Local Government Securities Law or sold at private sale.
Sec. 42. This act shall become effective upon passage and approval.
________
Assembly Bill No. 514Assemblymen Jeffrey, Thompson, Thomas and Getto
CHAPTER 253
AN ACT relating to the casino entertainment tax; increasing the number of games for which an establishment may be licensed and be exempt from the tax; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.401 is hereby amended to read as follows:
463.401 1. In addition to any other license fees and taxes imposed by this chapter, a casino entertainment tax equivalent to 10 percent of all amounts paid for admission, food, refreshments and merchandise is hereby levied, except as provided in subsection 2, upon each licensed gaming establishment in this state where music and dancing privileges or any other entertainment, except instrumental or mechanical music alone or music by musicians who move constantly through the audience whether the music is vocal or instrumental or both, is provided to the patrons in connection with the serving or selling of food or refreshments, or the selling of any merchandise.
2. A licensed gaming establishment is not subject to tax under this section if:
(a) The establishment is licensed for less than 51 slot machines, less than [four] six games, or any combination of slot machines and games within such respective limits;
(b) The entertainment is a charitable or nonprofit benefit, exhibition in a museum, sporting event, trade show, motion picture film or similar to any of these; or
(c) In other cases, if:
(1) No distilled spirits, wine or beer is served or permitted to be consumed;
(2) Only light refreshments are served;
(3) Where space is provided for dancing, no charge is made for dancing; and
(4) Where music is provided or permitted, [such] the music is:
κ1983 Statutes of Nevada, Page 593 (CHAPTER 253, AB 514)κ
(I) Provided without any charge to the owner, lessee or operator of the establishment or to any concessionaire;
(II) Mechanical or instrumental music alone; or
(III) Provided only by musicians who move constantly through the audience, whether the music is vocal or instrumental or both.
3. The tax imposed by this section [shall] must be paid by the licensee of [such] the establishment.
________
Assembly Bill No. 515Committee on Judiciary
CHAPTER 254
AN ACT relating to gaming; requiring a provision for the payment of any deficiency in prior fees or taxes in certain contracts for the sale or lease of property; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
When any person contracts to sell or lease any property or interest in property, real or personal, under circumstances which require the approval or licensing of the purchaser or lessee by the commission, the contract must contain a provision satisfactory to the commission regarding responsibility for the payment of any fees or taxes due pursuant to any subsequent deficiency determinations made under this chapter which encompass any period of time before the closing date of the transaction.
________
Assembly Bill No. 403Committee on Government Affairs
CHAPTER 255
AN ACT relating to local government securities; permitting their disposition at public or private sale; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 350.616 is hereby amended to read as follows:
350.616 1. Notes , bonds and interim debentures may be issued at public or private sale.
2. Warrants may be issued to evidence the amount due to any person furnishing services or materials as provided in the Local Government Securities Law.
κ1983 Statutes of Nevada, Page 594 (CHAPTER 255, AB 403)κ
3. [Bonds may be sold at public or private sale, conditionally or unconditionally, to the Federal Government or to the state, but otherwise bonds shall be issued at public sale unless the act authorizing the project for which the bonds are to be issued expressly authorizes their private sale.
4.] Temporary bonds [shall] must be issued to a purchaser of the definitive bonds in anticipation of the exchange of the former for the latter.
[5. Interim debentures may be issued at public or private sale.]
Sec. 2. NRS 350.618, 350.620, 350.622, 350.624 and 350.626 are hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 417Committee on Government Affairs
CHAPTER 256
AN ACT relating to the filing of documents; increasing fees for filing security agreements and certain other documents under the Uniform Commercial Code; increasing the fee for searching for certain federal liens; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 104.9403 is hereby amended to read as follows:
104.9403 1. Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this article.
2. Except as provided in subsection 6 a filed financing statement is effective for a period of 5 years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of the 5-year period unless a continuation statement is filed prior to the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insolvency proceedings and thereafter for a period of 60 days or until expiration of the 5-year period, whichever occurs later. Upon lapse the security interest becomes unperfected, unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a person who became a purchaser or lien creditor before lapse.
3. A continuation statement may be filed by the secured party within 6 months prior to the expiration of the 5-year period specified in subsection 2. Any such continuation statement must be signed by the secured party, identify the original statement by file number and state that the original statement is still effective. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection 2 of NRS 104.9405, including payment of the required fee.
κ1983 Statutes of Nevada, Page 595 (CHAPTER 256, AB 417)κ
accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection 2 of NRS 104.9405, including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for 5 years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in subsection 2 unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it immediately if he has retained a microfilm or other photographic record, or in other cases after 1 year after the lapse. Where the filing officer maintains a microfilm system he may, after microfilming the original document, return it to the person who presented it for filing. The filing officer shall so arrange matters by physical annexation of financing statements to continuation statements or other related filings, or by other means, that if he physically destroys the financing statements of a period more than 5 years past, those which have been continued by a continuation statement or which are still effective under subsection 6 shall be retained.
4. Except as provided in subsection 7 a filing officer shall mark each statement with a file number and with the date and hour of filing and shall hold the statement or a microfilm or other photographic copy thereof for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and the name of the record owner of the real property as given in the financing statement. The filing officer shall also note in the indexes the file number and the address of the debtor given in the statement.
5. The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement or for a continuation statement is [$4] $5 if the statement is in the standard form prescribed by the secretary of state and otherwise is [$5.] $6. The secured party may at his option show a trade name for any person.
6. If the debtor is a transmitting utility (subsection 5 of NRS 104.9401) and a filed financing statement so states, it is effective until a termination statement is filed. A real estate mortgage which is effective as a fixture filing under subsection 6 of NRS 104.9402 remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real estate.
7. When a financing statement covers timber to be cut or covers minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, or is filed as a fixture filing, it shall be filed for record and the filing officer shall index it under the names of the debtor and any owner of record shown on the financing statement in the same fashion as if they were the mortgagors in a mortgage of the real estate described, and, to the extent that the law of this state provides for indexing of mortgages under the name of the mortgagee, under the name of the secured party as if he were the mortgagee thereunder, or where indexing is by description in the same fashion as if the financing statement were a mortgage of the real estate described.
κ1983 Statutes of Nevada, Page 596 (CHAPTER 256, AB 417)κ
under the name of the secured party as if he were the mortgagee thereunder, or where indexing is by description in the same fashion as if the financing statement were a mortgage of the real estate described.
Sec. 2. NRS 104.9405 is hereby amended to read as follows:
104.9405 1. A financing statement may disclose an assignment of a security interest in the collateral described in the financing statement by indication in the financing statement of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the statement. On presentation to the filing officer of such a financing statement the filing officer shall mark [the same] it as provided in subsection 4 of NRS 104.9403. The uniform fee for filing, indexing and furnishing filing data for a financing statement so indicating an assignment is [$4] $5 if the statement is in the standard form prescribed by the secretary of state and otherwise is [$5.] $6.
2. A secured party may assign of record all or a part of his rights under a financing statement by the filing in the place where the original financing statement was filed of a separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement and the name and address of the assignee and containing a description of the collateral assigned. A copy of the assignment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of such a separate statement, the filing officer shall mark such separate statement with the date and hour of the filing. He shall note the assignment on the index of the financing statement, or in the case of a fixture filing, or a filing covering timber to be cut, or covering minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, he shall index the assignment under the name of the assignor as grantor and, to the extent that the law of this state provides for indexing the assignment of a mortgage under the name of the assignee, he shall index the assignment of the financing statement under the name of the assignee. The uniform fee for filing, indexing and furnishing filing data about such a separate statement of assignment is [$4] $5 if the statement is in the standard form prescribed by the secretary of state and otherwise is [$5.] $6. Notwithstanding the provisions of this subsection, an assignment of record of a security interest in a fixture contained in a mortgage effective as a fixture filing (subsection 6 of NRS 104.9402) may be made only by an assignment of the mortgage in the manner provided by the law of this state other than this chapter.
3. After the disclosure or filing of an assignment under this section, the assignee is the secured party of record.
4. Where the filing officer maintains a microfilm system he may, after microfilming the original document and making the appropriate notations, return it to the person who presented it for filing.
Sec. 3. NRS 104.9406 is hereby amended to read as follows:
104.9406 A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement.
κ1983 Statutes of Nevada, Page 597 (CHAPTER 256, AB 417)κ
statement. The statement of release is sufficient if it contains a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. A statement of release signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection 2 of NRS 104.9405, including payment of the required fee. Upon presentation of such a statement of release to the filing officer he shall mark the statement with the hour and date of filing and shall note the [same] hour and date upon the margin of the index of the filing of the financing statement. The uniform fee for filing and noting such a statement of release is [$4] $5 if the statement is in the standard form prescribed by the secretary of state and otherwise is [$5.] $6.
Sec. 4. NRS 108.831 is hereby amended to read as follows:
108.831 1. If a notice of federal lien, a refilling of a notice of federal lien, or a notice of revocation of any certificate described in subsection 2 is presented to the filing officer who is:
(a) The secretary of state, he shall cause the notice to be marked, held and indexed in accordance with the provisions of subsection 4 of NRS 104.9403 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.
(b) Any other officer described in NRS 108.827, he shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date of receipt, and the total amount appearing on the notice of lien.
2. If a certificate of release, nonattachment, discharge or subordination of any federal lien is presented to the secretary of state for filing he shall:
(a) Cause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, except that the notice of lien to which the certificate relates must not be removed from the files; and
(b) Cause a certificate of discharge or subordination to be held, marked and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.
3. If a refiled notice of federal lien referred to in subsection 1 or any of the certificates or notices referred to in subsection 2 is presented for filing with any other filing officer specified in NRS 108.827, he shall enter the refiled notice or the certificate with the date of filing in any alphabetical lien index.
4. Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any active notice of lien or certificate or notice affecting the lien, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for a certificate is [$3.]
κ1983 Statutes of Nevada, Page 598 (CHAPTER 256, AB 417)κ
for a certificate is [$3.] $6. Upon request the filing officer shall furnish a copy of any notice of federal lien or notice or certificate affecting a federal lien for a fee of $1 for the first page and 50 cents for each page thereafter.
________
Assembly Bill No. 339Assemblymen Berkley, Stone, Nevin, Malone, Collins, Jeffrey, Stewart, Humke, Swain, Ham, Bourne, Vergiels and May
CHAPTER 257
AN ACT relating to civil actions; imposing an additional filing fee to support legal aid programs for indigent or elderly persons; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 19.031 is hereby amended to read as follows:
19.031 1. In each county in which legal services are provided without charge to indigent or elderly persons through a legal aid program organized under the auspices of the State Bar of Nevada, a county or local bar association [or] , a county legal services program [,] or other program funded by this state or the United States to provide legal assistance, the county clerk shall, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect a fee of [$3] $4 from the party commencing or appearing in the action or proceeding. These fees are in addition to any other fees required by law.
2. On or before the first Monday of each month the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1. Except as provided in subsection 3, the county treasurer shall remit quarterly [all such amounts received by him] to the organization operating the legal services [program.] program:
(a) For indigent persons, three-fourths; and
(b) For elderly persons, one-fourth,
of all the amounts received by him.
3. If the county treasurer receives notice from the state or a political subdivision that an award of attorneys fees or costs has been made to an organization which receives money pursuant to this section and has been paid, he shall:
(a) Deduct an amount equal to the award from the amount to be paid to the organization; and
(b) Remit an equal amount to the state or to the political subdivision which paid the fees or costs at the time when he would have paid it to the organization.
κ1983 Statutes of Nevada, Page 599 (CHAPTER 257, AB 339)κ
4. The fees which are collected from a county must be used for the benefit of the indigent or elderly persons in that county.
________
Assembly Bill No. 493Committee on Health and Welfare
CHAPTER 258
AN ACT relating to blood; providing standards for the storage and distribution of blood; establishing the minimum age to donate blood without consent; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 460 is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Any physician, hospital, clinic, ambulatory surgical center or other organization that stores or transfuses products made from blood shall:
1. Maintain records of all serological tests and the receipt and disposition of products made from blood in accordance with applicable standards for laboratories published by the American Association of Blood Banks, in the form most recently published before January 1, 1983;
2. Test for compatibility and blood grouping; and
3. Be equipped with a refrigerator which regulates its own temperature and warns of failure to maintain the prescribed temperature.
Sec. 3. Any person who is 17 years of age or older may donate his blood without the consent of his parent or guardian.
Sec. 4. NRS 652.060 is hereby amended to read as follows:
652.060 Medical laboratory means any facility for microbiological, serological, immunohematological (blood banking), cytological, histological, chemical, hematological, biophysical, toxicological, or other methods of examination of tissues, secretions or excretions of the human body for the purpose of aiding in the diagnosis, prevention or treatment of disease or injury or the assessment of a disease or infirmity.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 600κ
Senate Bill No. 238Committee on Commerce and Labor
CHAPTER 259
AN ACT relating to unemployment compensation; excluding certain employment from coverage; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 612 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Employment does not include services performed by a person who meets all of the following requirements:
1. Directly sells or solicits the sale of products, in person or by telephone:
(a) On the basis of a deposit, commission, purchase for resale or similar arrangement specified by the executive director by regulation, if the products are to be resold to another person in his home or place other than a retail store; or
(b) To another person from his home or place other than a retail store.
2. Receives compensation or remuneration based on his sales or the services he performs for customers rather than for the number of hours worked.
3. Performs pursuant to a written agreement with the person for whom the services are performed which provides that he is not an employee for the purposes of this chapter.
Sec. 2. NRS 612.118 is hereby amended to read as follows:
612.118 Employment [shall] does not include service performed by [an individual under the age of 22] a person who is enrolled at a nonprofit or public educational institution, which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on, as a student in a full-time program, taken for credit at [such] the institution, which combines academic instruction with work experience, if [such] the service is an integral part of [such] the program, and [such] the institution has so certified to the employer. This section [shall] does not apply to service performed in a program established for or on behalf of an employer or group of employers.
Sec. 3. NRS 612.432 is hereby amended to read as follows:
612.432 1. Benefits based on service in an instructional, research or principal administrative capacity in any educational institution or based on other service in any educational institution [, except an institution of higher education, shall] must be denied to any person for any week of unemployment which begins during an established and customary vacation or recess for a holiday [recess] if the person performs service in the period immediately preceding the vacation or recess and there is reasonable assurance that he will be provided employment immediately succeeding the vacation or recess.
κ1983 Statutes of Nevada, Page 601 (CHAPTER 259, SB 238)κ
recess and there is reasonable assurance that he will be provided employment immediately succeeding the vacation or recess.
2. The provisions of this section apply also to services performed while employed by a governmental agency which is established and operated to provide services to educational institutions and which may make reimbursements in lieu of contributions pursuant to NRS 612.553.
Sec. 4. NRS 612.434 is hereby amended to read as follows:
612.434 1. Benefits based on service in an instructional, research or principal administrative capacity for any educational institution must be denied to any person for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the persons contract, if that person performs the service in the first of [such] the academic years or terms and there is a contract or reasonable assurance that he will be provided employment in any such capacity for an educational institution in the next academic year or term.
2. [Benefits] Except as provided in subsection 3, benefits based on service in any other capacity for any educational institution [, except an institution of higher education,] must be denied to any person for any week of unemployment which begins during the period between two successive academic years or terms if the person performed the service in the first of [such] the academic years or terms and there is reasonable assurance that the person will be provided employment to perform that service in the next academic year or term.
3. A person who is denied benefits pursuant to subsection 2 and not offered an opportunity to perform the service for the educational institution for the second academic year or term is entitled to retroactive payment of his benefits for each week for which he filed a timely claim that was denied pursuant to subsection 2.
4. The provisions of this section apply also to services performed while employed by a governmental agency which is established and operated to provide services to educational institutions and which may make reimbursements in lieu of contributions pursuant to NRS 612.553.
Sec. 5. In addition to the limitations placed on the term employment by the provisions of chapter 612 of NRS, for the purposes of chapter 612 of NRS, employment does not include services performed after December 31, 1982, and before January 1, 1984, by a person who:
1. Is enrolled as a full-time student at a school, college or university or was enrolled as a full-time student during the academic year or term which immediately preceded the employment and expects to be enrolled as a full-time student during the next academic year or term after the employment; and
2. Is employed for less than 13 weeks in a calendar year by an organized camp which:
(a) Is in operation for 7 months or less in the calendar year of the employment and was in operation for 7 months or less in the calendar year preceding the employment; or
κ1983 Statutes of Nevada, Page 602 (CHAPTER 259, SB 238)κ
employment and was in operation for 7 months or less in the calendar year preceding the employment; or
(b) Had average gross receipts for any 6 months of the calendar year preceding the employment which were not more than one-third of its average gross receipts for the other 6 months of that year.
Sec. 6. 1. This act shall become effective upon passage and approval.
2. Section 5 of this act shall operate retroactively from December 31, 1982.
________
Senate Bill No. 309Committee on Government Affairs
CHAPTER 260
AN ACT relating to public securities; providing the form and the manner of their issuance, payment and transfer by or on the behalf of the state, the University of Nevada, or a city or town, incorporated or unincorporated, county, school district, other public educational institution, other district, authority or other body corporate and politic comprising a political subdivision of the state; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 30 of NRS is herby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 46, inclusive, of this act.
Sec. 2. 1. The legislature finds that:
(a) Public securities have traditionally been issued in bearer form, with attached coupons evidencing the installments of interest becoming due on fixed maturity dates, rather than in only full registered form.
(b) The Federal Government, by subsection (j) of section 103, Tax Code, as amended by subsection (b) of section 310 of the Tax Equity and Fiscal Responsibility Act of 1982 (P.L. 97-248, signed by the President on September 3, 1982), provides in effect that, among other securities, public securities, subject to minor exceptions stated in that federal act, must be in full registered form for the interest on the public securities to be exempt from federal income taxation, but that an obligation of a public body shall be treated as in full registered form if the right to the principal of, any prior redemption premium due in connection with, and stated interest on that obligation may be transferred only through a book entry consistent with regulations prescribed by the Secretary of the Treasury, and, as the federal act was further amended on January 12, 1983, this requirement for the issuance of public securities in full registered form becomes effective on July 1, 1983.
(c) The effect of the requirements stated in paragraph (b) will affect the various public bodies and varieties of public securities differently depending on their legal and financial characteristics, their markets and their adaptability to recent and prospective technological and organizational developments.
κ1983 Statutes of Nevada, Page 603 (CHAPTER 260, SB 309)κ
their adaptability to recent and prospective technological and organizational developments.
2. It is hereby declared as a matter of legislative determination that:
(a) It is a matter of state concern that public bodies be provided flexibility in the development of systems for such registration of public securities, including systems of book entry and their incidents, to accommodate these different effects.
(b) It is the purpose of this chapter to enable the establishment, maintenance and amendment from time to time of differing systems of registration of public securities, to accommodate the differing effects upon public bodies and varieties of public securities.
(c) To accomplish the purposes stated in this section and the issuance of public securities the interest on which is exempt from federal income taxation, the provisions of this chapter must be broadly and liberally construed.
Sec. 3. The following terms, as defined in sections 4 to 26, inclusive, of this act for all purposes of this chapter, other provisions of NRS or special acts relating to public securities and any authorizing instrument or document pertaining thereto, unless the context otherwise requires, have the meanings ascribed to them in those sections.
Sec. 4. Assessment means a special assessment levied against an assessable tract of property and capital improvements thereon which are specially benefited by the acquisition of capital improvements financed by a public body wholly or in part by the issuance of public securities or otherwise.
Sec. 5. 1. Authorized officer means with respect to any certificated public security, a person whose signature to the certificated public security is required or permitted, or a person whom the authorized officer is authorized, either alone or with the concurrence of another or others, to authorize to affix the signature of the authorized officer to the certificated public security and who is so authorized in writing by the authorized officer with any required concurrence.
2. Authorized officer means, with respect to any uncertificated public security, any person described in this section as an authorized officer with respect to a certificated public security of the same class or series.
Sec. 6. Authorizing instrument means the ordinance, resolution, trust indenture, order or other official action, or any such instrument amendatory thereof or supplemental thereto, or any applicable combination thereof, by which public securities are authorized to be issued by a public body.
Sec. 7. Certificated public security means an obligation which:
1. Is issued pursuant to a system of full registration;
2. Is represented by an instrument, and is transferable in the manner described in subsection 1 of section 12 of this act; and
3. Is either one of a class or series or by its terms is divisible into a class or series of obligations.
Sec. 8. Facsimile seal means a reproduction by engraving, imprinting, stamping or other means of the seal of the issuer, official or official body.
κ1983 Statutes of Nevada, Page 604 (CHAPTER 260, SB 309)κ
Sec. 9. Facsimile signature means a reproduction by engraving, imprinting, stamping or other means of the manual signature of an authorized officer.
Sec. 10. Financial agreement means an agreement respecting the payment of the principal of, any prior redemption premium due in connection with, and the interest on a public security.
Sec. 11. Financial intermediary means a commercial bank, trust bank, broker or clearing corporation, or the nominee of any of them, or other person or its nominee, which in the ordinary course of its business maintains accounts relating to public securities for its customers, when so acting.
Sec. 12. Full registered form or full registration means:
1. With respect to a certificated public security that:
(a) The certificated public security specifies a person entitled to the public security or the rights it represents; and
(b) Transfer of the certificated public security may be registered upon books maintained for that purpose by or on behalf of the issuer.
2. With respect to an uncertificated public security, that transfer of the uncertificated public security is registered upon books maintained for that purpose or that the security is represented by:
(a) Evidence of participation in an obligation of larger denomination which is fully registered; or
(b) An entry in a system of books kept to identify purchasers of those securities by or on behalf of the issuer.
Sec. 13. Governing body means the state legislature, the state board of examiners, any state officer or commission, or other agency or instrumentality of the state authorized to issue public securities in its name and on its behalf, the board of regents of the University of Nevada, or any city council, city commission, board of supervisors, town council, town board, board of county commissioners, board of trustees of a school district, board of directors or trustees of any other type of district or authority, or other local legislative or governing body of another type of public body.
Sec. 14. Issue means all public securities constituting the same obligation, whether or not each such security is part of the same class or series.
Sec. 15. Issuer means a public body which:
1. Executes a certificated public security to evidence its duty to perform a financial agreement represented by the certificated public security;
2. Undertakes to perform a financial agreement if the agreement is an uncertificated public security; or
3. Becomes responsible for or in place of a public body described as an issuer in this section.
Sec. 16. Obligation means a financial agreement of an issuer, and includes a share, participation or other interest in such an agreement.
Sec. 17. Official actions means the actions by statute, order, ordinance, resolution, contract or other authorized means by which the official or official body provides for the issuance of a public security.
κ1983 Statutes of Nevada, Page 605 (CHAPTER 260, SB 309)κ
Sec. 18. Official or official body means the officer or the governing body that is empowered under the laws of one or more states, including, without limitation, this state, to provide for the original issuance of a public security of the issuer, by defining the obligation and its terms, conditions and other incidents, the successor or successors of any such officer or governing body, and such other person or group of persons as may be assigned duties of such officer or governing body under applicable law from time to time.
Sec. 19. Original issuance means the first transfer of a public security by an issuer to a purchaser.
Sec. 20. Person means a public body, other corporation, firm, other body corporate (including the Federal Government), partnership, association, or natural person, and also includes an executor, administrator, trustee, receiver or other representative appointed according to law.
Sec. 21. Public body means this state, the University of Nevada, or a city or town, incorporated or unincorporated, county, school district, other public educational institution, other district, authority or other body corporate and politic comprising a political subdivision of the state or acting on behalf thereof.
Sec. 22. Public security means any note, warrant, interim debenture, bond (including, without limitation, a temporary bond), or other security and comprising either a certificated public security or an uncertificated public security evidencing a loan and, before or after the effective date of this act, authorized by the state to be incurred by a public body.
Sec. 23. State means the State of Nevada.
Sec. 24. Tax Code means the federal Internal Revenue Code of 1954.
Sec. 25. Transfer agent means the treasurer or similar official of the issuer, a corporate or other trustee, registrar, paying agent, other corporate agent, or other person acting as an agent, for, among possibly other duties, the transfer and registration of public securities.
Sec. 26. Uncertificated public security means an obligation which:
1. Is issued pursuant to a system of full registration;
2. Is transferable in the manner described in subsection 2 of section 12 of this act; and
3. Is either one of a class or series or by its terms is divisible into a class or series of obligations.
Sec. 27. The meanings of the terms used in this chapter shall be substituted for the meanings of corresponding terms used in other provisions of NRS or special acts relating to public securities when the provisions or principles of those laws supplement the provisions of this chapter. Otherwise, terms used in this chapter have the same meaning as corresponding terms used in laws relating to public securities.
Sec. 28. This chapter applies to public securities issued by any public body pursuant to any general or special act or any charter, including any legislative charter.
κ1983 Statutes of Nevada, Page 606 (CHAPTER 260, SB 309)κ
Sec. 29. Any such public securities may be in full registered form or in bearer form, with or without interest coupons, be subject to conditions for transfer, be subject to provisions for conversion as to denomination or to bearer or to registration for payment of principal only, and to the attachment or reattachment of interest coupons to the public securities, be made registrable or reregistrable or payable or repayable to bearer, or to both, by the treasurer or other authorized officer of the issuer or by a transfer agent within or without the State of Nevada, be issued, transferred, and registered by:
1. Evidence of participation in an obligation of larger denomination which is fully registered; or
2. An entry in a system of books kept to identify purchasers of the securities,
all as may be determined by an authorizing instrument pertaining to the public securities and adopted or otherwise authorized by the governing body of the issuer.
Sec. 30. 1. Any system of full registration with respect to an issue of public securities may be:
(a) A system pursuant to which only certificated public securities are issued;
(b) A system pursuant to which only uncertified public securities are issued; or
(c) A system pursuant to which both certificated public securities and uncertificated public securities are issued.
2. The issuer may discontinue and reinstitute either system, from time to time, if one type of system or the other type is regularly maintained at all times with respect to the issue.
3. The system may be established, regularly maintained, amended, discontinued or reinstituted for the issuer by an official or official body.
4. Any such system must be described in the official actions which provide for original issuance, and in subsequent official actions providing for amendments, supplementation and other matters from time to time. The description may be by reference to a program of the issuer which is established by the official or official body.
5. Any such system must define the method or methods by which transfer of the public securities is effective with respect to the issuer, which method or methods are exclusive, substantial compliance being essential to a valid transfer, and by which payment of principal, any prior redemption premium and any interest are made. The system may also provide for the form of any certificated public securities, for differing record and payment dates, for varying denominations and for accounting, destruction of canceled certificates and other incidental matters.
6. Under a system pursuant to which both certificated public securities and uncertificated public securities are issued, both types of public securities may be regularly issued, or one type may be regularly issued and the other type issued only under described circumstances or to particular described categories of transferees.
κ1983 Statutes of Nevada, Page 607 (CHAPTER 260, SB 309)κ
to particular described categories of transferees. Under a system pursuant to which uncertificated public securities are regularly issued, provision may be made for registration of pledges and releases.
7. The system may include covenants of the issuer as to amendments, discontinuances and reinstitutions, and the effect of these on the exemption of interest from the federal income taxation provided for by the Tax Code.
Sec. 31. Payment of an installment of principal or interest, or both principal and interest, and any premium for prior redemption due at any designated date may be required by any authorizing instrument pertaining to the issuance of public securities to be by check, draft or other medium of payment and need not be conditioned upon presentation of any public security or coupon.
Sec. 32. Signatures on any printed certificated public securities, issued in part under this chapter, any other statute or charter, or any combination thereof, may be manually subscribed or be subscribed by one or more facsimile signatures, but any printed, certificated public security, other than an interest coupon, must bear at least one manual signature, but it may be that only of an authorized officer of the public body or an officer of its transfer agent. The signatures of the officers signing the certificated public securities must be filed with the secretary of state in compliance with chapter 351 of NRS.
Sec. 33. When a seal is required or permitted in the execution of any certificated public security, the authorized officer may cause a facsimile seal to be placed thereon. The facsimile seal has the same legal effect as the impression of a seal.
Sec. 34. No manual or facsimile seal is required in connection with any uncertificated public security.
Sec. 35. 1. Any certificated public security signed by the authorized officers at the time of its signing is not invalid and must not be denied binding effect on the grounds that before its issuance any or all of those officers ceased to fill their respective offices.
2. Any authorized officer empowered to sign any such certificated public security may adopt as and for his signature the signature of a predecessor in office if the predecessors signature appears on the certificated public security.
Sec. 36. 1. The issuer shall provide, with respect to its uncertificated public securities, for the sending of written statements which provide a record of certain rights as of the time of issuance of the statements.
2. These statements must be sent to each person acquiring rights by registration in uncertificated public securities, and the statements so sent must be signed by an authorized officer or by a person whose signature is required or permitted to be placed on a certificated public security of the same class or series.
3. Statements as such, confer no rights on the recipient. A statement is neither a negotiable instrument nor a public security.
Sec. 37. 1. An issuer may:
(a) Appoint for such term as may be agreed, including for so long as an issue may be outstanding, corporate or other authenticating trustees, registrars, paying agents, other transfer agents, or other agents, and specify their rights, compensation and duties;
κ1983 Statutes of Nevada, Page 608 (CHAPTER 260, SB 309)κ
an issue may be outstanding, corporate or other authenticating trustees, registrars, paying agents, other transfer agents, or other agents, and specify their rights, compensation and duties;
(b) Limit their liabilities; and
(c) Provide for their payment of liquidated damages in the event of a breach of certain of the duties imposed, which liquidated damages may be made payable to a financial intermediary.
2. None of the persons designated above in subsection 1 need have an office or do business within this state.
3. An issuer may enter into a binding agreement with custodian banks and financial intermediaries, and nominees of any of them, in connection with the establishment and maintenance by others of a central depository system for the transfer or pledge of federal securities, public securities or other securities for the benefit of the issuer.
4. Any such custodian banks, financial intermediaries and nominees may, if qualified and acting as fiduciaries, also serve as authenticating trustees, registrars, paying agents, other types of transfer agents and other agents of the issuer with respect to the same issue of public securities.
Sec. 38. 1. An issuer, prior to or at original issuance, may provide as a part of a system of full registration:
(a) That the transferor or transferee of the public securities pay all or a designated part of the costs of the system;
(b) That costs be paid out of proceeds of the public securities; or
(c) That both methods be used.
2. That portion of the costs of the system not provided to be paid for by the transferor or the transferee or out of proceeds of the public security are otherwise the obligation of the issuer.
3. The issuer may as a part of the system provide for the reimbursement or for satisfaction of its obligation by payment by others.
4. The issuer may:
(a) Enter into binding agreements with others respecting such reimbursement or payment;
(b) Establish fees and charges pursuant to such agreements or otherwise;
(c) Provide that the amount or estimated amount of these fees and charges are an obligation of users, or benefited properties or persons, or other persons in interest;
(d) Provide for the collection of this amount and reasonable collection costs, upon an assessment or tax roll (whether or not the issuer is authorized to levy assessments or taxes), by billing, or by some other method; and
(e) Provide for enforcement by the establishment of a lien for collection on an assessment or tax roll, recordation of a lien, foreclosure and sale, personal action for judgment or other method.
5. Any lien, whether established for collection on an assessment or tax roll or separately by recordation may, if the system so provides, be on a parity with the liens for assessments and taxes or if the lien for assessments is subordinate to the lien for taxes, on a parity with the lien for assessments, not subject to extinguishment by foreclosure or sale under the lien for any assessments and, if the lien of taxes is on a parity with the lien of assessments, under the lien for any taxes and prior and superior to all liens of any excise taxes, and all demands, executions, titles, liens and encumbrances, whenever created or otherwise fixed.
κ1983 Statutes of Nevada, Page 609 (CHAPTER 260, SB 309)κ
sale under the lien for any assessments and, if the lien of taxes is on a parity with the lien of assessments, under the lien for any taxes and prior and superior to all liens of any excise taxes, and all demands, executions, titles, liens and encumbrances, whenever created or otherwise fixed.
Sec. 39. Whenever under the laws of the state a deposit of public securities is authorized as security, public securities otherwise meeting the authorized criteria, which are issued under a system of full registration which provides for registration of pledges of such securities, may be deposited and must be accepted as security if the pledge is registered.
Sec. 40. 1. Records of the transferees and pledges of public securities and their addresses are not subject to inspection or copying under any law of this state relating to the inspection or copying of public records.
2. Registration records of the issuer may be maintained at such locations within or without the state as the issuer determines.
Sec. 41. The determination of the governing body authorized or empowered to issue public securities under this chapter and any other provision of NRS or special act must be made in an authorizing instrument pertaining to those securities.
Sec. 42. An issuer may issue either certificated public securities or uncertificated public securities, or both certificated public securities and uncertificated public securities, under this chapter notwithstanding any inconsistent provision (e.g., a provision that the issuer must issue coupon bonds) stated in a bond question, election proceedings or other preliminary proceedings, or any combination thereof, as the case may be, approved, adopted or otherwise taken before the effective date of this act.
Sec. 43. This state hereby covenants that it will not amend or repeal this chapter if the effect is that interest on public securities may as a result thereof be no longer exempt from federal income taxation provided for by the Tax Code.
Sec. 44. 1. This chapter as to matters contained therein constitutes an additional and separate grant of powers, and such powers may be exercised without regard to provisions concerning such matters in any other law; but this chapter is not a restriction or limitation on the exercise of powers by a public body under any other law or charter.
2. The provisions of the Uniform Commercial Code and the principles of contract law relative to the transfer of public securities supplement the provisions of this chapter. This chapter as so supplemented is supplemental to each law of this state, whether adopted before or after this chapter, empowering or regulating the issuance of public securities.
Sec. 45. 1. At the election of an issuer, made at any time prior to or at original issuance of a public security, this chapter may be made applicable. When this chapter applies, it is alternative to any provision of law to the contrary, and no such provision to the contrary applies.
2. The official or official body that is empowered to provide for the original issuance of a public security may make the election of the issuer, which must be part of the official actions with respect to such issuance.
κ1983 Statutes of Nevada, Page 610 (CHAPTER 260, SB 309)κ
issuer, which must be part of the official actions with respect to such issuance.
3. An issuer may not rescind such an election after the original issuance of a public security pertaining thereto.
Sec. 46. 1. The powers conferred by this chapter are in addition and supplemental to, and not in substitution for, and the limitations imposed by this chapter do not affect the powers conferred by any other law.
2. No part of this chapter repeals or affects any other law or part thereof, it being intended that this chapter provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 47. This act shall become effective upon passage and approval.
________
Assembly Bill No. 59Assemblyman Berkley
CHAPTER 261
AN ACT relating to motor vehicles; requiring manufacturers, their agents or their authorized dealers under specified circumstances to make repairs necessary to conform certain motor vehicles to the express warranties covering them; providing remedies for repeated failures to repair or correct the nonconformities; and providing other matters properly relating thereto.
[Approved May 10, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires:
1. Buyer means:
(a) A person who purchases or contracts to purchase, other than for purposes of resale, a motor vehicle normally used for personal, family or household purposes.
(b) Any person to whom the motor vehicle is transferred during the time a manufacturers express warranty applicable to the motor vehicle is in effect.
(c) Any other person entitled by the terms of the warranty to enforce its obligations.
2. Except as provided in this subsection motor vehicle has the meaning ascribed to it in NRS 482.075. The term does not include motor homes or off-road vehicles.
Sec. 3. If a new motor vehicle does not conform to all of the manufacturers applicable express warranties and the buyer reports the nonconformity in writing to the manufacturer:
1. Before the expiration of the manufacturers express warranties; or
κ1983 Statutes of Nevada, Page 611 (CHAPTER 261, AB 59)κ
2. No later than 1 year after the date the motor vehicle is delivered to the original buyer,
whichever occurs earlier, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to the express warranties without regard to whether the repairs will be made after the expiration of the express warranty or the time described in subsection 2.
Sec. 4. 1. If, after a reasonable number of attempts, the manufacturer, or its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repair or correction and the defect or condition causing the nonconformity substantially impairs the use and value of the motor vehicle to the buyer and is not the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle, the manufacturer shall:
(a) Replace the motor vehicle with a comparable motor vehicle of the same model and having the same features as the replaced vehicle, or if such a vehicle cannot be delivered to the buyer within a reasonable time, then a comparable motor vehicle substantially similar to the replaced vehicle; or
(b) Accept return of the motor vehicle from the buyer and refund to him the full purchase price including all sales taxes, license fees, registration fees and other similar governmental charges, less a reasonable allowance for his use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the buyer before his first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service for repairs. Refunds must be made to the buyer, and lienholder if any, as their interests may appear.
2. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties where:
(a) The same nonconformity has been subject to repair four or more times by the manufacturer, or its agent or authorized dealer within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, but the nonconformity continues to exist; or
(b) The motor vehicle is out of service for repairs for a cumulative total of 30 or more calendar days within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, except that if the necessary repairs cannot be made for reasons which are beyond the control of the manufacturer or its agent or authorized dealer, the number of days required to give rise to the presumption must be appropriately extended.
Sec. 5. For the purposes of sections 2 to 9, inclusive, of this act, the running of the time an express warranty is in effect or of any other period of time described in those sections is tolled for the time during which services to repair the motor vehicle are not reasonably available to the buyer because of a war, invasion or strike, or because of a fire, flood or other natural disaster.
κ1983 Statutes of Nevada, Page 612 (CHAPTER 261, AB 59)κ
Sec. 6. If the manufacturer has established or designated a procedure for settling disputes informally which substantially complies with the provisions of title 16 of the Code of Federal Regulations, part 703, a buyer must first submit his claim for replacement of the motor vehicle or for refund of the purchase price under that procedure before bringing any action under section 4 of this act.
Sec. 7. The provisions of sections 2 to 6, inclusive, of this act do not limit any other right or remedy which the buyer may have by law or by agreement.
Sec. 8. Any provision in any agreement between the manufacturer or its agent or authorized dealer and the buyer which provides that the buyer agrees to waive or forego any rights or remedies afforded by sections 2 to 6, inclusive, of this act is void.
Sec. 9. Any action brought pursuant to sections 2 to 6, inclusive, of this act must be commenced within 18 months after the date of the original delivery of the motor vehicle to the buyer.
Sec. 10. NRS 11.190 is hereby amended to read as follows:
11.190 Actions other than those for the recovery of real property, unless further limited by [NRS 11.205, by NRS 11.207, or by or pursuant to the Uniform Commercial Code,] specific statute, can only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
3. Within 3 years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for waste or trespass of real property; but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting such waste or trespass.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof; but in all cases where the subject of the action is a domestic animal usually included in the term livestock, having upon it at the time of its loss a recorded mark or brand, and when the animal strays or is stolen from the true owner without his fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable man upon inquiry as to the possession thereof by the defendant.
κ1983 Statutes of Nevada, Page 613 (CHAPTER 261, AB 59)κ
(d) An action for relief on the ground of fraud or mistake; but the cause of action in such a case shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.
4. Within 2 years:
(a) An action against a sheriff, coroner or constable upon the liability incurred by acting in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
(b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the state, or both, except when the statute imposing it prescribes a different limitation.
(c) An action for libel, slander, assault, battery, false imprisonment or seduction.
(d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
(e) An action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.
5. Within 1 year:
(a) An action against an officer, or officer de facto to recover any goods, wares, merchandise or other property seized by the officer in his official capacity, as tax collector, or to recover the price or value of any goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention, sale of, or injury to any goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making such seizure.
(b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.
________
Senate Bill No. 210Senators Hickey, Neal and Robinson
CHAPTER 262
AN ACT relating to boxing; authorizing longer rest periods between rounds; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 467.150 is hereby amended to read as follows:
467.150 No boxing contest, sparring match or exhibition [shall] may be more than 15 rounds in length. Rounds [shall] must be not more than 3 minutes.
κ1983 Statutes of Nevada, Page 614 (CHAPTER 262, SB 210)κ
more than 3 minutes. There [shall be 1-minute rests] must be a rest period of not less than 60 seconds nor more than 90 seconds between [each round.] successive rounds. The commission shall determine the length of the rest period.
Sec. 2. NRS 467.150 is hereby amended to read as follows:
467.150 No boxing contest, sparring match or exhibition may be more than 15 rounds in length. Rounds must be not more than 3 minutes. There must be a rest period of [not less than] 60 seconds [nor more than 90 seconds] between successive rounds. [The commission shall determine the length of the rest period.]
Sec. 3. The Nevada athletic commission shall:
1. Hold a hearing after giving adequate notice thereof, to take evidence, including medical evidence concerning the safety of the sport, on the effect of longer rest periods between rounds, if such periods are extended; and
2. Report to the 1985 session of the legislature the effects of longer rest periods between rounds.
Sec. 4. 1. Section 1 of this act shall expire on July 1, 1985.
2. Section 2 of this act shall become effective on July 1, 1985.
________
Senate Bill No. 61Senators Foley, Wagner, Hernstadt, Townsend, Horn, Lamb, Robinson and Hickey
CHAPTER 263
AN ACT relating to insurance; requiring policies which provide coverage for a mastectomy to provide coverage for reconstructive surgery and prosthetic devices incident thereto; requiring insurance provided for workers compensation and health benefits provided by employers to include such coverage; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any policy of health insurance which provides coverage for the surgical procedure known as a mastectomy must also provide commensurate coverage for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this coverage must be subject to the same terms and conditions that apply to the coverage for the mastectomy.
2. If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the benefits for that surgery must equal the amounts provided for in the policy at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the benefits provided are subject to all of the terms, conditions and exclusions contained in the policy at the time of the reconstructive surgery.
κ1983 Statutes of Nevada, Page 615 (CHAPTER 263, SB 61)κ
3. A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after July 1, 1983, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.
Sec. 2. Chapter 689B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any policy of group health insurance which provides coverage for the surgical procedure known as a mastectomy must also provide commensurate coverage for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this coverage must be subject to the same terms and conditions that apply to the coverage for the mastectomy.
2. If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the benefits for that surgery must equal those amounts provided for in the policy at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the benefits provided are subject to all of the terms, conditions and exclusions contained in the policy at the time of the reconstructive surgery.
3. A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after July 1, 1983, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.
Sec. 3. Chapter 695B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any policy of health insurance, issued by a medical service corporation, which provides coverage for the surgical procedure known as a mastectomy must also provide commensurate coverage for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this coverage must be subject to the same terms and conditions that apply to the coverage for the mastectomy.
2. If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the benefits for that surgery must equal those amounts provided for in the policy at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the benefits provided are subject to all of the terms, conditions and exclusions contained in the policy at the time of the reconstructive surgery.
3. A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after July 1, 1983, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.
Sec. 4. Chapter 695C of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any health maintenance plan which provides coverage for the surgical procedure known as a mastectomy must also provide commensurate coverage for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy.
κ1983 Statutes of Nevada, Page 616 (CHAPTER 263, SB 61)κ
surgical procedure known as a mastectomy must also provide commensurate coverage for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this coverage must be subject to the same terms and conditions that apply to the coverage for the mastectomy.
2. If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the benefits for that surgery must equal those amounts provided for in the policy at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the benefits provided are subject to all of the terms, conditions and exclusions contained in the policy at the time of the reconstructive surgery.
3. A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after July 1, 1983, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.
Sec. 5. NRS 287.010 is hereby amended to read as follows:
287.010 The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:
1. Adopt and carry into effect a system of group life, accident, or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
2. Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
3. Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as a trust and agency fund as defined by NRS 354.580. The trust funds must be deposited in a state or national bank authorized to transact business in the State of Nevada. The trust instrument must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state. The provisions of NRS 689B.030 to 689B.050, inclusive, and section 2 of this act apply to coverage provided pursuant to this subsection.
4. Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance.
κ1983 Statutes of Nevada, Page 617 (CHAPTER 263, SB 61)κ
fund or of the premiums upon insurance. The funds for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
Sec. 6. Chapter 608 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If an employer provides health benefits for his employees which include coverage for the surgical procedure known as a mastectomy, he must also provide commensurate coverage for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this coverage is subject to the same terms and conditions that apply to the coverage for the mastectomy.
2. If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the benefits for that surgery must equal those amounts provided at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the benefits provided are subject to all the terms, conditions and exclusions relating to those benefits at the time of the reconstructive surgery.
Sec. 7. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If compensation is paid to an employee under this chapter for the surgical procedure known as a mastectomy, the employee is also entitled to receive commensurate compensation for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this compensation is subject to the same requirements and conditions that apply to the compensation for the mastectomy.
2. If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the compensation provided for that surgery must equal those amounts provided for in this chapter at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the compensation provided is subject to the requirements and conditions that apply at the time of the reconstructive surgery.
Sec. 8. Chapter 617 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If compensation is paid to an employee under this chapter for the surgical procedure known as a mastectomy, the employee is also entitled to receive commensurate compensation for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this compensation is subject to the same requirements and conditions that apply to the compensation for the mastectomy.
2. If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the compensation provided for that surgery must equal those amounts provided for at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the compensation provided is subject to the requirements and conditions that apply at the time of the reconstructive surgery.
κ1983 Statutes of Nevada, Page 618 (CHAPTER 263, SB 61)κ
surgery is begun more than 3 years after the mastectomy, the compensation provided is subject to the requirements and conditions that apply at the time of the reconstructive surgery.
________
Senate Bill No. 232Senators Glover, Mello, Ashworth, Wagner, Robinson, Hickey, Townsend, Horn, Neal, Bilbray and Hernstadt
CHAPTER 264
AN ACT relating to state government; abolishing the personnel division of the department of general services; creating the department of personnel; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.120 is hereby amended to read as follows:
281.120 1. Except as otherwise provided in this section, all state officers and regular and temporary employees of this state are entitled to receive salaries as fixed by law in two equal semimonthly payments. The first semimonthly payment for each month must be for the first half of that particular month, and the second semimonthly payment must be for the last half of the month.
2. All payrolls must be submitted by individual agencies immediately after the 15th and last day of each month for approval by the [personnel division of the] department of [general services,] personnel, and salary checks as approved by the state controller must be issued not later than 10 calendar days following the end of each semimonthly pay period.
3. A state agency or department may be permitted to pay salaries, within the limits fixed by law, at regular 2-week intervals, when it is established to the satisfaction of the governor that this method of payment will expedite and assist the work of the agency or department without inconvenience to other agencies or departments.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 284.015 is hereby amended to read as follows:
284.015 1. [Chief means the chief of the personnel division of the department of general services.
2.] Commission means the [advisory] personnel commission.
2. Department means the department of personnel.
3. Director means the director of the department . [of general services.]
4. Handicap includes physical disability, mental retardation and mental or emotional disorder.
5. [Personnel division means the personnel division of the department of general services.
6.] Public service means positions providing service for any office, department, board, commission, bureau, agency or institution in the executive department of the state government operating by authority of the constitution or law, and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
κ1983 Statutes of Nevada, Page 619 (CHAPTER 264, SB 232)κ
authority of the constitution or law, and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
Sec. 4. NRS 284.020 is hereby amended to read as follows:
284.020 1. All officers and employees in the executive department of the state government shall:
(a) Conform to, comply with and aid in all proper ways in carrying [into effect] out the provisions of this chapter and the [rules and] regulations prescribed [hereunder.] under it.
(b) Furnish any records or information which the [chief] director or the commission may request for any purpose of this chapter.
2. This chapter [shall not be construed to] does not limit the [power and] authority of elective officers and heads of departments to conduct and manage the affairs of their departments as they see fit.
Sec. 5. NRS 284.022 is hereby amended to read as follows:
284.022 The department [of general services] may include within the personnel system all employees of any governmental agency acquired for administration by the state.
Sec. 6. NRS 284.025 is hereby amended to read as follows:
284.025 1. The department of personnel is hereby created.
2. The [personnel division] department shall administer the provisions of this chapter . [, subject to administrative supervision by the director.]
Sec. 7. NRS 284.030 is hereby amended to read as follows:
284.030 There is hereby created in the [personnel division an advisory] department, a personnel commission composed of five members appointed by the governor.
Sec. 8. NRS 284.045 is hereby amended to read as follows:
284.045 While engaged in official business of the [personnel division,] department, the members of the commission are entitled to receive a salary of $60 per day and the per diem expense allowance and travel expenses as provided by law.
Sec. 9. NRS 284.050 is hereby amended to read as follows:
284.050 1. The governor shall designate one of the members of the commission as chairman of the commission.
2. The [chief] director shall act as the nonvoting recording secretary of the commission. He shall keep the minutes of the proceedings of the commission.
Sec. 10. NRS 284.055 is hereby amended to read as follows:
284.055 1. The members of the commission shall meet at [such] the times and [at such places as shall be] places specified by the call of the chairman or a majority of the commission, but a meeting of the commission [shall] must be held at least once every 3 months.
2. Three members of the commission [shall] constitute a quorum. A quorum may exercise [all the power and authority] any power conferred on the commission, but no [rules or regulations shall] regulations may be adopted, amended or rescinded except by a majority vote of the entire membership of the commission.
κ1983 Statutes of Nevada, Page 620 (CHAPTER 264, SB 232)κ
3. The commission shall keep minutes of the transactions of each meeting, regular or special . [, which shall be filed with the personnel division and shall be public records.] The minutes are public records and must be filed with the department.
Sec. 11. NRS 284.065 is hereby amended to read as follows:
284.065 1. The commission has only such powers and duties as are authorized by law.
2. In addition to the powers and duties set forth elsewhere in this chapter, the commission [has the following powers and duties:
(a) To advise the chief] shall:
(a) Advise the director concerning the organization and administration of the [personnel division.
(b) To report] department.
(b) Report to the governor biennially on all matters which the commission may deem pertinent to the [personnel division] department and concerning any specific matters previously requested by the governor.
(c) [To advise] Advise and make recommendations to the governor or the legislature relative to the personnel policy of the state.
(d) [To advise the chief] Advise the director with respect to the preparation and adoption of regulations to [give effect to] carry out the provisions of this chapter.
(e) [To foster] Foster the interest of institutions of learning and of civic, professional and employee organizations in the improvement of personnel standards in the state service.
(f) [To review] Review decisions of the [chief] director in contested cases involving the classification or allocation of particular positions.
(g) [To exercise] Exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this chapter.
Sec. 12. NRS 284.075 is hereby amended to read as follows:
284.075 [1. The chief shall be] The director:
1. Must be appointed by, is responsible to and serves at the pleasure of the governor.
2. Is in the unclassified service of the state.
3. Shall not engage in any other gainful employment or occupation.
4. Must be selected with special reference to his training, experience, capacity and interest in the field of personnel administration. His knowledge and abilities should include : [the following:]
(a) A comprehensive knowledge of the principles and practices of personnel administration.
(b) A working knowledge of job and salary classification methods.
(c) An extensive knowledge of the organization and operations of state departments, agencies and institutions, and of statutes and regulations concerning government personnel.
(d) An extensive knowledge of principles of public organization and administration.
κ1983 Statutes of Nevada, Page 621 (CHAPTER 264, SB 232)κ
(e) Administrative ability in the direction of staff analyses of government salaries and positions, and in the maintenance of effective working relationships with all state officials concerned with personnel.
(f) Ability to organize and present clearly oral and written reports of findings and recommendations.
[2. The chief shall have] 5. Must have progressively responsible experience in personnel administration in an amount to be determined by the [director, and graduation] commission and have been graduated from an accredited 4-year college or university [; or] , or have an equivalent combination of experience in personnel administration or training, substituting 2 years of experience for 1 year of training.
Sec. 13. NRS 284.100 is hereby amended to read as follows:
284.100 The [chief] director shall appoint [, under the provisions of this chapter,] such employees of the [personnel division] department and such expert and special assistants as may be necessary to carry out effectively the provisions of this chapter.
Sec. 14. NRS 284.105 is hereby amended to read as follows:
284.105 1. [As executive head of the personnel division, the chief] The director shall direct and supervise all administrative and technical activities of the [personnel division. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.] department.
2. In addition to the duties imposed upon him elsewhere in this chapter, the [chief] director shall:
(a) Apply and carry out the provisions of this chapter and the regulations adopted under it.
(b) Establish objectives for the [personnel division] department in terms which are specific, measurable and conducive to reliable evaluation, and develop a plan for accomplishing those objectives.
(c) Establish a system of appropriate policies for each function within the [personnel division.] department.
(d) Attend all meetings of the commission.
(e) Report to the [director] governor and the commission upon all matters concerning the administration of his office, and request the advice of the commission on matters concerning the policies of the [personnel division;] department; but the [chief] director is responsible for the conduct of the [personnel division] department and its administrative functions unless otherwise provided by law.
(f) Establish and maintain a roster of all employees in the public service. The roster must set forth, as to each employee:
(1) The class title of the position held.
(2) The salary or pay.
(3) Any change in class title, pay or status.
(4) Other pertinent data.
(g) In cooperation with appointing authorities and others, foster and develop programs for improving the effectiveness and moral of employees, including training and procedures for hearing and adjusting grievances.
(h) Encourage and exercise leadership in the development of effective personnel administration within the several departments in the public service, and make available the facilities and services of the [personnel division] department and its employees to this end.
κ1983 Statutes of Nevada, Page 622 (CHAPTER 264, SB 232)κ
personnel administration within the several departments in the public service, and make available the facilities and services of the [personnel division] department and its employees to this end.
(i) Make to the commission and to the [director] governor a biennial report regarding the work of the [personnel division] department and such special reports as he may consider desirable.
(j) Maintain a continuous program of recruiting for the public service.
(k) Perform any other lawful acts which he may consider necessary or desirable to carry out the purposes and provisions of this chapter.
Sec. 15. NRS 284.110 is hereby amended to read as follows:
284.110 1. The personnel operating fund is hereby created as an internal service fund.
2. The department [of general services] may accept on behalf of the state any grant or contribution, federal or otherwise, made to assist in meeting the costs of carrying out the purposes of this chapter. All such grants and contributions must be deposited with the state treasurer to the credit of the personnel operating fund.
3. All costs of administering the provisions of this chapter must be paid out of the personnel operating fund on claims in the same manner as other claims against the state are paid.
Sec. 16. NRS 284.115 is hereby amended to read as follows:
284.115 1. The [chief] director shall:
(a) Maintain accurate records reflecting the costs of administering the provisions of this chapter.
(b) Between July 1 and August 1 of each even-numbered year, determine, on the basis of experience during the 2 preceding fiscal years, the estimated cost, expressed as a percentage of gross annual salaries paid, of carrying out the functions of the [personnel division] department for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of this chapter of [such] that cost.
2. Each department, agency and institution shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost estimated pursuant to subsection 1.
3. Except as provided in subsection 5, on July 1 of each year each department, agency and institution shall pay to the [chief] director for deposit in the personnel operating fund the amount of money appropriated to or authorized for [such] that department, agency or institution for personnel administration costs pursuant to its budget.
4. Any money collected in accordance with this section remaining in the personnel operating fund on July 1 of any year [shall revert] reverts to the fund to which originally appropriated in proportion to the contribution from [such] that fund.
5. Any state department, agency or institution, may pay the personnel administration costs required by subsection 3 on a date or dates other than July 1 if compliance with federal law or regulation so requires.
κ1983 Statutes of Nevada, Page 623 (CHAPTER 264, SB 232)κ
6. Changes in personnel assessments are effective only at the beginning of a fiscal year and require prior notice to the governor. The governor shall transmit such changes to the legislature, as part of his budget, for its approval.
Sec. 17. NRS 284.120 is hereby amended to read as follows:
284.120 1. The public employees retirement board and [the] its executive officer [thereof] and the [personnel division and the chief thereof are authorized and directed to] department and its director shall cooperate in all phases of their operations whereby duplication of staff, duplication of duties and work, and duplication of office equipment and records may be avoided.
2. The two agencies, by mutual agreement, shall each pay its proper share of salaries and other administrative expenses incurred in joint operations.
3. The two agencies [are authorized and directed to] shall cooperate to the fullest extent whereby maximum economy and efficiency in operation will be achieved, as well as maximum benefits for the employees of Nevadas departments, agencies, offices and institutions.
Sec. 18. NRS 284.125 is hereby amended to read as follows:
284.125 1. When requested by the governor, the legislature, or their [duly] authorized representatives, the [chief shall have authority:
(a) To investigate] director may:
(a) Investigate duplication of personnel work of departments, institutions and agencies in the executive department of the state government.
(b) [To study] Study the personnel organization and administration of [such] those departments, institutions and agencies.
(c) [To formulate] Formulate plans for better and more effective personnel management.
2. He shall prepare and report any personnel data or statistics which the governor or the legislature may require.
3. The [chief is authorized and directed to] director shall cooperate with the heads of departments and agencies in making similar personnel studies in their respective departments and agencies.
Sec. 19. NRS 284.130 is hereby amended to read as follows:
284.130 The [chief] director may request officers and employees in the executive department of the state government or local officers or employees to aid in carrying out the provisions of this chapter, and insofar as it may be consistent with their other duties, [such] these officers and employees shall give such aid upon the [written request of the chief.] directors written request.
Sec. 20. NRS 284.135 is hereby amended to read as follows:
284.135 1. Subject to [rules and] regulations prescribed by the [chief,] director, the services and facilities of the [personnel division] department and its [staff shall be] employees are available upon request to political subdivisions of the state.
2. In making the services and facilities of the [personnel division] department and its employees available, it [shall] must be understood that:
κ1983 Statutes of Nevada, Page 624 (CHAPTER 264, SB 232)κ
(a) Requirements for the enforcement and administration of the provisions of this chapter [shall] must be given precedence; and
(b) The political subdivisions shall reimburse the [personnel division] department for the reasonable cost of [such] those services and facilities.
Sec. 21. NRS 284.140 is hereby amended to read as follows:
284.140 The unclassified service of the state consists of positions held by state officers or employees in the executive department of the state government as follows:
1. Persons chosen by election or appointment to fill an elective office.
2. Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.
3. At the discretion of the elective officer or head of each department, agency or institution, one deputy and one chief assistant in each department, agency or institution.
4. All employees in the office of the governor and all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.
5. All employees other than clerical in the office of the attorney general and the state public defender required by law to be appointed by the attorney general or the state public defender.
6. Officers and members of the teaching staff and the agricultural extension department and experiment station staffs of the University of Nevada System, or any other state institution of learning, and student employees of these institution; but custodial, clerical or maintenance employees of these institutions are in the classified service. The board of regents shall assist the [chief] director in carrying out the provisions of this chapter applicable to the University of Nevada System.
7. Officers and members of the Nevada National Guard.
8. Persons engaged in public work for the state but employed by contractors when the performance of the contract is authorized by the legislature or other competent authority.
9. Patient and inmate help in state charitable, penal, mental and correctional institutions.
10. Part-time professional personnel who are paid for any form of medical, nursing or other professional service, and who are not engaged in the performance of administrative or substantially recurring duties.
11. All other officers and employees authorized by law to be employed in the unclassified service.
Sec. 22. NRS 284.145 is hereby amended to read as follows:
284.145 Officers authorized by law to make appointments to positions in the unclassified service and appointing officers of departments or institutions whose employees are exempt from the provisions of this chapter [shall be permitted to] may make appointments from appropriate registers of eligible persons maintained by the [personnel division] department without affecting the continuance of the names on the list.
κ1983 Statutes of Nevada, Page 625 (CHAPTER 264, SB 232)κ
Sec. 23. NRS 284.155 is hereby amended to read as follows:
284.155 1. The [chief] director shall adopt a code of regulations for the classified service which must be approved by the commission.
2. The code must include regulations concerning certifications and appointments for:
(a) Positions in classes having a maximum salary of $12,500 or less as of December 31, 1980, where the regular procedures for examination and certification are impracticable; and
(b) Classes where applicants for promotion are not normally available.
These regulations may be different from the regulations concerning certifications and appointments for other positions in the classified service.
Sec. 24. NRS 284.160 is hereby amended to read as follows:
284.160 1. The [chief] director shall prepare, maintain and revise as necessary a position classification plan for all positions in the classified service, based upon similarity of duties and responsibilities, so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class.
2. The duty of the [chief] director to classify [shall extend] extends to all offices, employments and positions held by persons who may become members of the classified service under the provisions of this chapter.
3. The [chief] director may, after consultation with department and agency heads, recommend changes in the classification of positions whenever he deems it necessary for the efficiency of the public service.
4. The classification plan and changes therein [shall be] are subject to approval by the commission.
Sec. 25. NRS 284.165 is hereby amended to read as follows:
284.165 1. As soon as practicable and after consultation with appointing authorities and principal supervisory officials, the [chief] director shall allocate the position of every employee in the classified service to one of the positions in the position classification plan.
2. Any employee affected by the allocation of a position to a grade or class or by a change in classification, after filing with the [chief] director a written request for reconsideration thereof, must be given a reasonable opportunity to be heard thereon by the [chief.] director.
3. Any employee who is aggrieved by the [chiefs] directors decision concerning an allocation or change in classification is entitled to have the decision reviewed by the commission if the employee submits a written request to the commission for such a review not later than 30 days after the [chiefs] directors decision.
Sec. 26. NRS 284.171 is hereby amended to read as follows:
284.171 1. For the purposes of NRS 353.205 and 353.224, the [chief] director shall prepare and maintain an index which categorizes all positions in the classified and unclassified services of the state into the following broad occupational classes:
(a) Occupations in the fields of agriculture and conservation.
κ1983 Statutes of Nevada, Page 626 (CHAPTER 264, SB 232)κ
(b) Clerical and related occupations.
(c) Occupations relating to custodial and domestic services.
(d) Occupations relating to library services.
(e) Occupations in the field of education.
(f) Engineering and allied occupations.
(g) Occupations in fiscal management and related staff services.
(h) Occupations relating to legal services.
(i) Occupations in the mechanical and construction trades.
(j) Occupations in the fields of medicine and health and related services.
(k) Occupations in regulatory fields and in public safety.
(l) Occupations in social services and rehabilitation.
(m) Other occupations.
2. Each broad occupational class must include the following subclasses:
(a) Officials and administrators who set broad policies and exercise responsibility for execution of those policies.
(b) Professionally qualified persons.
(c) Technicians.
(d) Persons who are qualified to perform some of the duties of professionally qualified persons or technicians.
(e) Persons who provide protection and related services.
(f) Persons who provide office and clerical services.
(g) Skilled craft workers.
(h) Service and maintenance workers.
Sec. 27. NRS 284.175 is hereby amended to read as follows:
284.175 1. After consultation with appointing authorities and state fiscal officers, and after a public hearing and approval by the commission, the [chief] director shall prescribe regulations for a pay plan for all employees in the classified service.
2. The pay plan and its amendments [thereto] become effective only after approval by the commission and the governor.
3. The [chief] director shall prepare a pay plan and ranges for each class, grade or group of positions in the classified service. Each employee must be paid at one of the rates set forth in the pay plan for the class of position in which he is employed and at such time as necessary money is made available for the payment.
4 The [chief] director shall prescribe regulations that provide for progression through the rate ranges based on merit and fitness alone. The regulations become effective upon the approval of the commission.
5. During regular legislative sessions salaries for the classified service of the state must be set based upon the prevailing rates paid in government and industry for comparable jobs within the State of Nevada and western states, where appropriate. The provisions of this subsection are subject to the limitation imposed by NRS 281.123.
Sec. 28. NRS 284.177 is hereby amended to read as follows:
284.177 1. A plan to encourage continuity of service, administered by the [personnel division] department is hereby established for employees with 8 years or more of continuous state service. Employees rated standard or better with 8 years of continuous service are entitled to receive $75 semiannually with a semiannual increase of $25 for each additional year of service up to a maximum of 20 years of continuous state service.
κ1983 Statutes of Nevada, Page 627 (CHAPTER 264, SB 232)κ
rated standard or better with 8 years of continuous service are entitled to receive $75 semiannually with a semiannual increase of $25 for each additional year of service up to a maximum of 20 years of continuous state service.
2. An interruption in continuous state service terminates the employees eligibility for additional pay pursuant to subsection 1.
3. Except as provided in this subsection, no year served before the interruption may be counted in determining the employees subsequent eligibility. This provision does not apply to an employee who was employed before July 1, 1981, unless he leaves state service after that date.
4. As used in this section, continuous service means uninterrupted service as defined by the commission.
Sec. 29. NRS 284.180 is hereby amended to read as follows:
284.180 1. The legislature declares that since uniform salary and wage rates and classifications are necessary for an effective and efficient personnel system, the pay plan [shall] must set the official rates applicable to all portions in the classified service, but the establishment of the pay plan [shall] in no way [limit] limits the authority of the legislature relative to budgeted appropriations for salary and wage expenditures.
2. Credit for overtime work directed or approved by an agency head or his representative [shall be] is earned at the rate of time and one-half, except for those employees determined by the [division] department to be executive, administrative, professional or supervisory. Executive, administrative, professional and supervisory employees [shall] earn credit for overtime at their regular straight time rate. Overtime [shall be] is considered time worked in excess of an 8-hour day or a 40-hour week, except for:
(a) Those employees who choose and are approved for a variable workday, in which case overtime will be considered only after working 40 hours in [one] 1 week; and
(b) Those employees who choose and are approved for a variable 80-hour work schedule within a biweekly pay period, in which case overtime will be considered only after working 80 hours biweekly.
3. An agency may experiment with innovative workweeks upon the approval of the head of the agency and after majority consent of the affected employees.
4. This chapter [shall not be construed to] does not supersede or conflict with existing or future contracts of employment dealing with wages, hours and working conditions.
Sec. 30. NRS 284.185 is hereby amended to read as follows:
284.185 The state controller or any other state fiscal officer shall not draw, sign, issue or authorize the drawing, signing or issuing of any warrant on the state treasurer or other state disbursing officer, and the state treasurer or other state disbursing officer shall not pay any salary or compensation to any person in the classified or unclassified service of the state unless the payroll or account for [such] the salary or compensation containing the name of every person to be paid [shall bear] bears the certificate of the [chief] director or his authorized representative stating:
κ1983 Statutes of Nevada, Page 628 (CHAPTER 264, SB 232)κ
bear] bears the certificate of the [chief] director or his authorized representative stating:
1. That the persons named in the payroll or account have been appointed, employed, reinstated or promoted as required by law and the [rules and] regulations established under this chapter; and
2. That the salary or compensation is within the salary or wage schedule fixed pursuant to law.
Sec. 31. NRS 284.190 is hereby amended to read as follows:
284.190 1. Every officer who willfully makes a payment of salary or compensation contrary to the provisions of this chapter and any officer who signs, countersigns, or authorizes the signing or countersigning of any warrant for such a payment, and the sureties on his official bond, are liable to the State of Nevada therefor.
2. An action to recover such a payment may be maintained in the district court of any county by the [chief] director or a member of the commission.
3. All money recovered in such an action, when collected, [shall] must be paid into the appropriate fund in the state treasury.
Sec. 32. NRS 284.200 is hereby amended to read as follows:
284.200 If the [chief] director wrongfully withholds certification of the payroll or account of any employee, the employee may maintain a proceeding to compel the [chief] director to certify the payroll or account.
Sec. 33. NRS 284.205 is hereby amended to read as follows:
284.205 The [chief] director shall prescribe [rules and] regulations for open competitive examinations to test the relative fitness of applicants for the respective positions.
Sec. 34. NRS 284.210 is hereby amended to read as follows:
284.210 1. All competitive examinations for positions in the classified service [shall:] must:
(a) Relate to those matters which [will] fairly test the capacity and fitness of the persons examined to discharge efficiently the duties of the class in which employment is sought.
(b) Be open to all applicants who meet the reasonable standards or requirements fixed by the [chief] director with regard to experience, character, age, education, physical condition and [such] any other factors [as may be held to relate] relating to the ability of the applicants to perform the duties of the position with reasonable efficiency.
2. An oral examination given pursuant to this section [shall] must be recorded and maintained by the [personnel division] department for at least 30 days after the date of the examination and [shall] must be available to interested persons.
Sec. 35. NRS 284.220 is hereby amended to read as follows:
284.220 The [chief] director may require applicants, when filing their applications, to submit certificates of general or special qualifications as the good of the public service may require.
Sec. 36. NRS 284.230 is hereby amended to read as follows:
284.230 1. Examinations [shall] must be held at such times and places as in the judgment of the [chief] director most nearly meet the convenience of applicants, practicability of administration, and the needs of the public service.
κ1983 Statutes of Nevada, Page 629 (CHAPTER 264, SB 232)κ
convenience of applicants, practicability of administration, and the needs of the public service.
2. The officers having control of public buildings in political subdivisions of the state and in school districts, upon request of the [chief,] director, shall furnish convenient and reasonable space for examinations and necessary furniture, heat and light for the accommodation of the local examiners and for holding of examinations authorized by this chapter.
Sec. 37 NRS 284.235 is hereby amended to read as follows:
284.235 The [chief] director may designate appropriate persons, including officers and employees in the public service, to assist in the preparation and rating of examinations. An appointing authority may excuse any employee in his division from his regular duties for the time required for his work as an examiner. [such] Those officers and employees [shall not be] are not entitled to extra pay for their services as examiners, but [shall be] are entitled to their regular salaries and the per diem expense allowance and travel expenses [as] fixed by law.
Sec. 38. NRS 284.240 is hereby amended to read as follows:
284.240 The [chief] director may refuse to examine an applicant or, after examination, may refuse to certify an eligible person who comes under any of the following categories:
1. Lacks any of the preliminary requirements established for the examination for the position or employment for which he applies.
2. Is physically so disabled as to be rendered unfit for the proper performance of the duties of the position to which he seeks appointment.
3. Is addicted to the use of habit-forming drugs.
4. Is an habitual user of intoxicating liquors to excess.
5. Has been guilty of any crime involving moral turpitude or of infamous or notoriously disgraceful conduct.
6. Has been dismissed from the public service for delinquency or misconduct.
7. Has made a false statement of any material fact.
8. Has, directly or indirectly, given, rendered or paid, or promised to give, render or pay, any money, service or other valuable thing to any person for, or on account of, or in connection with, his examination, appointment or proposed appointment.
9. Has practiced, or attempted to practice, any deception or fraud in his application, in his certificate, in his examination, or in securing his eligibility or appointment.
Sec. 39. NRS 284.245 is hereby amended to read as follows:
284.245 1. When the [chief] director refuses to examine an applicant or, after an examination, refuses to certify an eligible person, the applicant or eligible person may request the [chief] director to furnish to him a statement of the reasons for the refusal to examine or the refusal to certify, as the case may be. The [chief] director shall furnish the statement upon request.
2. If the [chief] director refuses to examine an applicant or, after an examination, refuses to certify an eligible person, [such] that person may take an appeal to the commission in accordance with [rules and] regulations adopted by the commission.
κ1983 Statutes of Nevada, Page 630 (CHAPTER 264, SB 232)κ
an examination, refuses to certify an eligible person, [such] that person may take an appeal to the commission in accordance with [rules and] regulations adopted by the commission. If the commission finds that the [chief] director is in error in refusing to examine an applicant or in refusing to certify an eligible person, the commission shall order the [chief] director to examine or certify, and [the chief] he shall comply.
Sec. 40. NRS 284.250 is hereby amended to read as follows:
284.250 1. The [chief] director shall prescribe [rules and] regulations for the establishment of eligible lists for appointment and promotion which [shall] must contain the names of successful applicants in the order of their relative excellence in the respective examinations.
2. The term of eligibility of applicants on such lists [shall be] is 1 year, but [such] the term may be extended by the [chief] director to a maximum of 3 years.
Sec. 41. NRS 284.255 is hereby amended to read as follows:
284.255 1. Appointments [shall] must be made from the appropriate eligible list, but if no such list exists then the [chief] director may certify from such other list as he deems the next most appropriate. A new and separate list [shall] must be created for a stated position only when there is no satisfactory list.
2. Unless otherwise provided by this chapter, no person [shall] may be appointed or employed under any title not appropriate to the duties performed.
Sec. 42. NRS 284.265 is hereby amended to read as follows:
284.265 Appointing authorities shall give written notice to the [chief] director of their intention to establish new positions and of the existence of any vacancy to be filled in any office or employment in the classified service. Within a reasonable time after the receipt of such notice, the [chief] director shall certify from the list of eligible persons, appropriate for the grade and class in which the position is classified, the five names at the head thereof.
Sec. 43. NRS 284.270 is hereby amended to read as follows:
284.270 Each appointing authority shall report to the [chief] director in writing from time to time upon the date of the official action in, or knowledge of, any promotion of a person in the public service.
Sec. 44. NRS 284.275 is hereby amended to read as follows:
284.275 1. Employees holding positions in the classified service for 2 years or more immediately [prior to] before March 30, 1953, [shall] must be continued in their respective positions without further examination, until separated from their positions as provided by law. The [chief] director shall survey the qualifications of all such employees and shall report the results of [such] the survey to the proper appointing authorities.
2. [Employees holding positions in the classified service for less than 2 years immediately prior to March 30, 1953, shall also be continued in their respective positions, but within 1 year after March 30, 1953, they shall pass a qualifying examination prescribed by the chief, unless otherwise provided in this chapter. Those employees who shall have failed to qualify, as provided herein, shall be dismissed from their positions within 30 days after establishment of an eligible list for their respective positions.
κ1983 Statutes of Nevada, Page 631 (CHAPTER 264, SB 232)κ
have failed to qualify, as provided herein, shall be dismissed from their positions within 30 days after establishment of an eligible list for their respective positions.
3.] Nothing in this section [shall preclude] precludes the reclassification or reallocation as provided by this chapter of any position held by any such incumbent.
[4.] 3. The provisions of this section [shall] apply to any employee holding a position in the classified service and who is separated therefrom in accordance with the provisions for leave of absence set forth in this chapter.
Sec. 45. NRS 284.285 is hereby amended to read as follows:
284.285 Each appointing authority shall report to the [chief] director forthwith in writing upon any appointment or employment in the public service, which report [shall] must contain:
1. The name of the appointee or employee.
2. The title and character of his office or employment.
3. The date of commencement of service.
4. The salary or compensation.
Sec. 46. NRS 284.290 is hereby amended to read as follows:
284.290 1. All original competitive appointments to and promotions within the classified service [shall] must be for a fixed probationary period of 6 months, except that a longer period not exceeding 1 year may be established for classes of positions in which the nature of the work requires a longer period for proper evaluation of performance.
2. Dismissals or demotions may be made at any time during the probationary period in accordance with [rules and] regulations established by the [chief.] director.
3. [Prior to] Before the end of the probationary period and in accordance with [rules and] regulations established by the [chief,] director, the appointing authority shall notify the [chief] director in writing whether or not the probationer is a satisfactory employee and should receive the status of a permanent appointee.
Sec. 47. NRS 284.295 is hereby amended to read as follows:
284.295 1. Vacancies in positions [shall] must be filled, so far as practicable, by promotion within a department or agency from among persons holding positions in the classified service. Promotions [shall] must be based upon merit and fitness, to be ascertained in accordance with [rules and] regulations established by the [chief;] director; and in such [rules and] regulations the employees efficiency, character, conduct and length of service [shall] must all constitute factors.
2. Eligibility for promotion [shall] must be determined on recommendation of the appointing authority and certification by the [chief] director that the employee meets the minimum requirements and demonstrates his qualifications in accordance with [rules and] regulations established by the [chief.] director.
3. The [chief] director may provide, in specific cases, for competitive promotional examinations among employees of departments other than that in which a particular vacancy in a higher classification may exist.
κ1983 Statutes of Nevada, Page 632 (CHAPTER 264, SB 232)κ
than that in which a particular vacancy in a higher classification may exist.
4. An advancement in rank or grade or an increase in salary beyond the maximum fixed for the class [shall constitute] constitutes a promotion.
Sec. 48. NRS 284.309 is hereby amended to read as follows:
284.309 If a competitive examination is required for a vacancy and fewer than five qualified applicants respond after extensive efforts at recruitment, the examination may be waived and the [chief] director may submit the applications of the qualified applicants without certification to the appointing authority for selection.
Sec. 49. NRS 284.310 is hereby amended to read as follows:
284.310 1. Whenever there are urgent reasons for filling a vacancy in any position in the classified service and the [chief] director is unable to certify from any appropriate eligible list for the vacancy, the [chief] director may issue a provisional permit or certify a suitable person to fill [such] the vacancy provisionally only until a selection and appointment can be made after competitive examination.
2. No person [shall] may receive more than one provisional appointment or serve more than 6 months in any 12-month period as a provisional appointee.
3. A provisional appointee must meet the minimum qualifications established for the class of positions involved.
Sec. 50. NRS 284.320 is hereby amended to read as follows:
284.320 1. In case of a vacancy in a position where peculiar and exceptional qualifications of a scientific, professional or expert character are required, and upon satisfactory evidence that for specific reasons competition in that case is impracticable, and that the position can best be filled by the selection of some designated person of high and recognized attainments in the required qualities, the [chief] director may suspend the requirements of competition.
2. The [chief] director may suspend the requirements of competitive examination for positions requiring highly professional qualifications if past experience or current research indicates a difficulty in recruitment or if the qualifications include a license or certification.
3. Upon specific written justification by the appointing authority, the [chief] director may suspend the requirement of competitive examination for a position where extreme difficulty in recruitment has been experienced and extensive efforts at recruitment have failed to produce five persons in the state service who are qualified applicants for promotion to the position.
4. Except in the circumstances described in subsection 2, no suspension may be general in its application to any position, and each case of suspension and the justifying circumstances must be reported in the biennial report of the [personnel division] department with the reasons for the suspension.
Sec. 51. NRS 284.325 is hereby amended to read as follows:
284.325 1. Where the services to be rendered by an appointee are for a temporary period not to exceed 6 months and a proper list of eligible persons is not available, the [chief] director shall certify for [such] the temporary service any person he deems qualified.
κ1983 Statutes of Nevada, Page 633 (CHAPTER 264, SB 232)κ
for a temporary period not to exceed 6 months and a proper list of eligible persons is not available, the [chief] director shall certify for [such] the temporary service any person he deems qualified.
2. Temporary positions which occur, terminate or recur periodically [shall] must be filled by certification in accordance with [rules and] regulations established by the [chief.] director.
3. The acceptance or refusal by an eligible person of a temporary appointment [shall] does not affect his standing on the register for permanent employment, nor [shall] may the period of temporary service be counted as part of the probationary period in case of subsequent appointment to a permanent position.
4. Successive temporary appointments to the same position [shall] must not be made under this section.
Sec. 52. NRS 284.327 is hereby amended to read as follows:
284.327 1. [Notwithstanding any other provisions of this chapter, in order to] To assist handicapped persons certified by the rehabilitation division of the department of human resources, appointing authorities are encouraged and authorized to make temporary limited appointments of [such] certified handicapped persons for not to exceed 700 hours notwithstanding that the positions so filled are continuing positions. [Such certified] Certified handicapped persons [shall] must be placed on appropriate eligible lists [as defined in NRS 284.250,] but they [shall] must not be placed on [such] lists for positions in the classified service above a class grade which is equal to the majority of trainee or entry level classes in the professional series as determined by the [personnel division.] department. All such handicapped persons [shall] must possess the training and experience necessary for the positions for which they are certified. The rehabilitation division [shall] must be notified of an appointing authoritys request for an eligible list on which the names of one or more certified handicapped persons appear. A temporary limited appointment of a certified handicapped person pursuant to this section [shall constitute such] constitutes the persons examination as required by NRS 284.215.
2. The [chief] director shall prescribe [rules and] regulations to [implement] carry out the provisions of subsection 1.
3. [Nothing contained in this section shall be construed to] This section does not deter or prevent appointing authorities from employing:
(a) Physically handicapped persons when available and eligible for permanent employment.
(b) Handicapped persons employed pursuant to the provisions of subsection 1 in permanent employment if [such] the persons qualify for permanent employment before the termination of their temporary limited appointments.
4. If a person appointed pursuant to this section is subsequently appointed to a permanent position during or after the 700-hour period, [such] the 700 hours or portion thereof [shall count toward such] counts toward the employees probationary period.
κ1983 Statutes of Nevada, Page 634 (CHAPTER 264, SB 232)κ
Sec. 53. NRS 284.335 is hereby amended to read as follows:
284.335 1. The appointing authorities and other supervising [officials] officers of the various state departments, agencies and institutions, after consultation with the [chief,] director, shall establish standards of work performance for each class of positions.
2. The [chief] director shall:
(a) Maintain service records of performance efficiency, character and conduct by a system of service ratings based upon [such] those standards.
(b) Establish [rules and] regulations with respect to [such] service ratings, and prescribe the extent to which [such] service ratings [shall] must be considered in determining the advisability of transfers, the promotion of an employee to a higher class, the question of demotion or dismissal of any employee, increases and decreases in salary of an employee within the salary range established under this chapter, and in all other decisions relating to the status of employees.
3. The [chief] director may, by [rule and] regulation, further prescribe the extent to which [such] the service ratings, and the reports upon which they are based, [shall be] are open to inspection.
Sec. 54. NRS 284.340 is hereby amended to read as follows:
284.340 Each appointing authority shall report to the [chief,] director, in writing, the efficiency of his subordinates and employees, and other information, in such manner as the [chief] director may prescribe by [rule and] regulation.
Sec. 55. NRS 284.343 is hereby amended to read as follows:
284.343 1. After consultation with appointing authorities, and in cooperation with the state board of examiners, the [chief] director shall prescribe [rules and] regulations for all training of employees in the state service. Professional employees of the teaching staff, agricultural extension service and agricultural experiment station staffs of the University of Nevada System, or any other state institution of learning, and student employees of such an institution are exempt from the provisions of this section.
2. The [rules and] regulations so prescribed [shall] must set forth the conditions under which educational leave stipends may be paid to any officer or employee of the [State of Nevada. With] state. Except as provided in NRS 612.230 and with the exception of intermittent course work not leading to the awarding of a degree, no person may be granted educational leave stipends until [such person] he has entered into a contract with his employing agency whereby [such person] he agrees to pursue only courses required for a degree related to his employment with the [State of Nevada] state and to return to the employ of his employing agency on the basis of 1 year for each 9 months educational leave taken or to refund the total amount of [such] the stipends regardless of the balance at the time of separation.
3. [The provisions of this section shall not be construed to] This section does not prevent the granting of sabbatical leaves by the board of regents of the University of Nevada.
4. Where practicable all training for state employees [shall] must be presented through established educational institutions within the state.
κ1983 Statutes of Nevada, Page 635 (CHAPTER 264, SB 232)κ
be presented through established educational institutions within the state.
5. The [personnel division] department shall coordinate all training activities of remedial and career-development programs designed to correct educational and training deficiencies of state employees and create employment opportunities for the disadvantaged. In connection with these activities the [personnel division.] department, with the approval of the governor, is designated to enter into contractual arrangements with the Federal Government and others that provide grants or [funds] other money for educational and training activities.
Sec. 56. NRS 284.345 is hereby amended to read as follows:
284.345 1. Except as provided in subsection 2, the [chief] director shall prescribe [rules and] regulations for attendance and leaves with or without pay or reduced pay in the various classes of positions in the public service.
2. The board of regents shall prescribe [rules and] regulations for attendance and for leave with or without pay or with reduced pay, sabbatical leave, sick leave, emergency leave, annual leave, terminal leave, military leave and such other leave as the board of regents determines to be necessary or desirable for officers and members of the faculty of the University of Nevada System. Sabbatical leave with pay [shall] may not be granted to more than 2 percent of the teaching personnel of the university of the rank of instructor or higher in any 1 year, and no sabbatical leave with pay [shall] may be granted unless the person requesting such leave agrees in writing with the university to return to the university after such leave for a period not less than that required by his most recent contract of employment with the university if the university desires his continued service.
Sec. 57. NRS 284.350 is hereby amended to read as follows:
284.350 1. Except as provided in subsections 2 and 3, an employee in the public service, whether in the classified or unclassified service, is entitled to annual leave with pay 1 1/4 working days for each month of continuous public service. The annual leave may be cumulative from year to year not to exceed 30 working days. The [personnel division] department may by regulation provide for additional annual leave for long-term employees, and for prorated annual leave for part-time employees.
2. Any annual leave in excess of 30 working days must be used before January 1 of the year following the year in which the annual leave in excess of 30 working days is accumulated or the amount of annual leave in excess of 30 working days is forfeited on that date except that if an employee:
(a) On or before October 15, requests permission to take annual leave; and
(b) His request for leave is denied in writing for any reason,
he is entitled to payment for any annual leave in excess of 30 working days which he requested to take and which he would otherwise forfeit as the result of the denial of his request. The payment for the employees unused annual leave must be made to him with his first compensation after January 1.
κ1983 Statutes of Nevada, Page 636 (CHAPTER 264, SB 232)κ
3. Officers and members of the faculty of the University of Nevada System are entitled to annual leave as provided by the [rules and] regulations prescribed pursuant to subsection 2 of NRS 284.345.
4. No elected state officer may be paid for accumulated annual leave upon termination of his service.
5. During the first 6 months of employment of any employee in the public service, annual leave accrues as provided in subsection 1, but no annual leave may be taken during that period.
6. No employee in the public service may be paid for accumulated annual leave upon termination of employment unless he has been employed for 6 months or more.
Sec. 58. NRS 284.355 is hereby amended to read as follows:
284.355 1. Except a provided in subsections 2 and 3, all employees in the public service, whether in the classified or unclassified service, are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from one year to the next is limited to one-half of the unused sick leave accrued during that year, but the [personnel division] department may by regulation provide for subsequent use of unused sick leave accrued but not carried forward by reason of this limitation in cases where the employee is suffering from a long term or chronic illness and has used all sick leave otherwise available to him. Upon the retirement of an employee, his termination through no fault of his own or his death while in public employment, the employee or his beneficiaries are entitled to payment for his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to his number of years of public service, except service with a political subdivision of the state, as follows:
(a) For 10 years of service or more but less than 15 years, not more than $1,500.
(b) For 15 years of service or more but less than 20 years, not more than $2,500.
(c) For 20 years of service or more, not more than $3,500.
The [personnel division] department may by regulation provide for additional sick and disability leave for long-term employees, and for prorated sick and disability leave for part-time employees.
2. Officers and members of the faculty of the University of Nevada System are entitled are entitled to sick and disability leave as provided by the regulations adopted pursuant to subsection 2 of NRS 284.345.
3. The [personnel division] department may by regulation provide policies concerning employees with mental or emotional disorders which will:
(a) Utilize a liberal approach to the granting of sick leave or leave without pay when it is necessary for them to be absent for treatment or temporary hospitalization.
(b) Retain their jobs for reasonable periods of absence, and where extended absence necessitates separation or retirement, reemploy them if at all possible after recovery.
κ1983 Statutes of Nevada, Page 637 (CHAPTER 264, SB 232)κ
extended absence necessitates separation or retirement, reemploy them if at all possible after recovery.
(c) Protect employee benefits such as retirement, life insurance and health benefits.
4. The [personnel division] department may investigate any instance in which it believes that an employee has taken sick or disability leave to which he was not entitled. If, after notice to the employee and a hearing, the commission determines that he has in fact taken sick or disability leave to which he was not entitled, the commission may order the forfeiture of all or part of his accrued sick leave.
Sec. 59. NRS 284.365 is hereby amended to read as follows:
284.365 A permanent or probationary employee who performs active military service under the provisions of any national military service or training act, or who voluntarily serves in the Armed Forces of the United States in time of war, or in such types of service as the [chief by rule and] director by regulation may prescribe, [shall,] is, upon application, [be] entitled to leave of absence without pay for the period of such service plus a period not to exceed 90 days. If within [such] that period he applies for reinstatement, he [shall] must be reinstated to his former class of position, or to a class of position having like seniority, status and pay, or, if [such] those positions have been abolished, to the nearest approximation thereof consistent with the circumstances.
Sec. 60. NRS 284.375 is hereby amended to read as follows:
284.375 1. In accordance with [rules and] regulations established by the [chief,] director, transfers in the classified service may be made from a position in one grade or class to a position in another grade or class when the duties and compensation are similar and when such action is specifically approved by the [chief.] director.
2. Each appointing authority shall report to the [chief] director in writing, from time to time, upon the date of the official action in, or knowledge of, any transfer of a person in the public service.
Sec. 61. NRS 284.376 is hereby amended to read as follows:
284.376 1. Within 10 working days after the effective date of a transfer pursuant to the provisions of NRS 284.375, a permanent classified employee who has been transferred without his consent may request in writing a hearing before the hearing officer of the [personnel division] department to determine whether the transfer was made for the purpose of harassing the employee. The hearing must be conducted in accordance with the procedures set forth in NRS 284.390 to 284.405, inclusive.
2. If the hearing officer determines that the transfer was made for the purpose of harassing the employee, the transfer must be set aside and the employee must be returned to his former position. If the transfer caused the employee to be away form his original headquarters, the employee is entitled to be paid expense allowances as provided in NRS 281.160 for the period the transfer was in effect.
3. The decision of the hearing officer is binding on the parties.
Sec. 62. NRS 284.380 is hereby amended to read as follows:
284.380 1. In accordance with [rules and] regulations, an appointing authority may lay off an employee in the classified service whenever he deems it necessary by reason of shortage of work or [funds] money or of the abolition of a position or of other material changes in duties or organization.
κ1983 Statutes of Nevada, Page 638 (CHAPTER 264, SB 232)κ
appointing authority may lay off an employee in the classified service whenever he deems it necessary by reason of shortage of work or [funds] money or of the abolition of a position or of other material changes in duties or organization.
2. Among other factors, an appointing authority shall consider, in the manner provided by [rule,] regulation, the status, seniority and service rating of employees in determining the order of layoffs.
3. Within a reasonable time before the effective date of a proposed layoff, the appointing authority shall give written notice thereof to the [chief. The chief] director. The director shall make such orders relating thereto as he considers necessary to secure compliance with the [rules.] regulations.
4. The name of every regular employee so laid off [shall] must be placed on an appropriate reemployment list.
Sec. 63. NRS 284.384 is hereby amended to read as follows:
284.384 1. The [chief] director shall propose, and the commission shall adopt, regulations which provide for the adjustment of grievances for which a hearing is not provided by NRS 284.376 or 284.390.
2. The regulations must provide procedures for:
(a) Consideration and adjustment of the grievance within the agency in which it arose.
(b) Submission of the grievance to the [personnel division] department for review and recommendation if no resolution is reached within the agency.
(c) Submission to the employee-management committee for final decision if the employee is still dissatisfied with the resolution of the dispute.
3. The regulations must include provisions for:
(a) Submitting each proposed resolution of a dispute which has a fiscal effect to the budget division of the department of administration for a determination by that division whether the resolution is feasible on the basis of its fiscal effects; and
(b) Making the resolution binding.
Sec. 64. NRS 284.390 is hereby amended to read as follows:
284.390 1. Within 10 working days after the effective date of a dismissal, demotion or suspension pursuant to NRS 284.385, an employee who has been dismissed, demoted or suspended may request in writing a hearing before the hearing officer of the [personnel division] department to determine the reasonableness of the action. If an employee utilizes an internal grievance adjustment procedure adopted by the commission, he has 10 working days following the final disposition of the internal proceeding to request, in writing, a hearing before the hearing officer.
2. The hearing officer shall grant the employee a hearing within 20 working days after receipt of the employees written request unless the time limitation is waived, in writing, by the employee or there is a conflict with the hearing calendar of the hearing officer, in which case the hearing must be scheduled for the earliest possible date after the expiration of the 20 days.
κ1983 Statutes of Nevada, Page 639 (CHAPTER 264, SB 232)κ
3. Technical rules of evidence do not apply at the hearing.
4. After the hearing and consideration of the evidence, the hearing officer shall render his decision in writing, setting forth the reasons therefor.
5. If the hearing officer determines that the dismissal, demotion or suspension was without just cause as provided in NRS 284.385, the action must be set aside and the employee must be reinstated, with full pay for the period of dismissal, demotion or suspension.
6. The decision of the hearing officer is binding on the parties.
7. Any petition for judicial review of the decision of the hearing officer must be filed within 30 working days after service of the decision.
Sec. 65. NRS 284.400 is hereby amended to read as follows:
284.400 Each appointing authority shall report to the [chief] director in writing from time to time upon the date of the official action in, or knowledge of, any separation of a person from the public service or any reduction, suspension, reinstatement or other change therein.
Sec. 66. NRS 284.405 is hereby amended to read as follows:
284.405 Upon request of the [chief,] director, the officers having control of public buildings in political subdivisions and in school districts shall furnish convenient and reasonable space and necessary furniture, heat and light for the holding of hearings and investigations authorized by this chapter.
Sec. 67. NRS 284.420 is hereby amended to read as follows:
284.420 [No] An employee of the [personnel division,] department, examiner, or other person shall not defeat, deceive or obstruct any person in his right to examination, eligibility, certification or appointment under this chapter, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service.
Sec. 68. NRS 285.030 is hereby amended to read as follows:
285.030 1. The controlling authority of the merit award program is the merit award board.
2. The board must be composed of five members as follows:
(a) Two members of the Nevada State Employees Association designated by the executive committee of that association.
(b) One member from the budget division of the department of administration appointed by the chief of the budget division.
(c) One member from the [personnel division of the] department of [general services] personnel appointed by the [chief of the personnel division.] director of the department.
(d) One member appointed by and representing the governor.
3. The member from either the budget division of the department of administration or [the personnel division of the department of general services] from the department of personnel must serve as the secretary of the board.
4. The board shall [make rules and] adopt regulations for transacting its business and carrying out the provisions of this chapter.
κ1983 Statutes of Nevada, Page 640 (CHAPTER 264, SB 232)κ
Sec. 69. NRS 287.046 is hereby amended to read as follows:
287.046 1. Except as provided in subsection 3, any state or other participating officer or employee who elects to participate in the states group insurance program may participate, and the department, agency, commission or public agency which employs the officer or employee shall pay the states share of the cost of the premiums of the group insurance from money appropriated or authorized as provided in NRS 287.044. Employees who elect to participate in the states group insurance program must authorize deductions from their compensation for the payment of premiums on the insurance.
2. The [personnel division of the] department of [general services] personnel shall pay the amount provided by law for that fiscal year toward the cost of the premiums of group insurance for persons retired from the service of the state who have continued to participate. The [division] department shall agree through the committee on group insurance with the insurer for billing of remaining premiums to the retired participants.
3. A senator or assemblyman who elects to participate in the states group insurance program shall pay the entire premium for his insurance.
Sec. 70. NRS 210.065 is hereby amended to read as follows:
210.065 1. The superintendent must have wide and successful administrative experience in youth correctional programs embodying rehabilitative or delinquency prevention concepts. He must have at least 2 years of administrative experience in an institution dealing primarily with youth on a 24-hour basis, and must have graduated from an accredited 4-year college or university, or have an equivalent combination of experience and training, substituting 2 years of experience for 1 year of training.
2. The administrator shall request the [personnel division of the] department of [general services] personnel to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as superintendent.
Sec. 71. NRS 210.470 is hereby amended to read as follows:
210.470 1. The superintendent must have wide and successful administrative experience in youth correctional programs embodying rehabilitative or delinquency prevention concepts. He must have at least 2 years of administrative experience in an institution dealing primarily with youth on a 24-hour basis, and must have graduated from an accredited 4-year college or university, or have an equivalent combination of experience and training, substituting 2 years of experience for 1 year of training.
2. The administrator shall request the [personnel division of the] department of [general services] personnel to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as superintendent.
Sec. 72. NRS 232.170 is hereby amended to read as follows:
232.170 1. The department of general services is hereby created.
2. The department consists of a director and the following divisions:
κ1983 Statutes of Nevada, Page 641 (CHAPTER 264, SB 232)κ
(a) Buildings and grounds division.
(b) [Personnel division.
(c)] Purchasing division.
[(d)] (c) State printing and records division.
3. The director may establish a motor pool division or may assign the functions of the state motor pool to one of the other divisions of the department.
Sec. 73. NRS 232.190 is hereby amended to read as follows:
232.190 The director:
1. Is responsible for the administration, through the divisions of the department, of the provisions of chapters [284,] 331, 333, 336 and 344 of NRS and all other provisions of law relating to the functions of the divisions of the department.
2. Has such other powers and duties as are provided by law.
Sec. 74. NRS 242.090 is hereby amended to read as follows:
242.090 1. The governor shall appoint the director in the unclassified service of the state pursuant to chapter 284 of NRS. In selecting the director, the governor shall consider recommendations of the [personnel division of the] department of [general services] personnel relating to minimum qualifications.
2. The director:
(a) Serves at the pleasure of the governor and is responsible to him.
(b) Is entitled to reimbursement for travel expenses and subsistence as provided by law for state officers and employees.
(c) Shall not engage in any other gainful employment or occupation.
Sec. 75. NRS 344.080 is hereby amended to read as follows:
344.080 1. The superintendent shall employ such compositors, machine operators, pressmen and assistants as the exigency of the work from time to time requires, and he may at any time discharge those employees. He shall not, at any time, employ more compositors, machine operators, pressmen and assistants than the necessities of the division may require.
2. The compensation of the compositors, machine operators, pressmen and assistants must be fixed by the [personnel division of the] department of [general services,] personnel, but no such employees are entitled to receive a higher rate of wages than is recognized by the employing printers of the State of Nevada or than the nature of the employment may require.
3. All clerical employees and such other persons as are employed for work not directly related to the printing crafts must be in the classified service of the state.
Sec. 76. NRS 385.340 is hereby amended to read as follows:
385.340 The qualifications for the professional staff and other personnel appointed by the superintendent of public instruction who are not in the unclassified service must be fixed by the [personnel division of the] department of [general services.] personnel.
Sec. 77. NRS 433.244 is hereby amended to read as follows:
433.244 1. The administrator must:
κ1983 Statutes of Nevada, Page 642 (CHAPTER 264, SB 232)κ
(a) Have training and demonstrated administrative qualities of leadership in any one of the professional fields of psychiatry, medicine, psychology, social work, education or administration.
(b) Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care, treatment or training, or any combination thereof, of mentally ill and mentally retarded persons.
(c) Have additional qualifications which are in accordance with criteria prescribed by the [personnel division of the] department of [general services.] personnel.
2. The administrator is in the unclassified service of the state.
Sec. 78. NRS 433A.020 is hereby amended to read as follows:
433A.020 The administrative officers must:
1. Be selected on the basis of training and demonstrated administrative qualities of leadership in any one of the professional fields of psychiatry, medicine, psychology, social work, education or administration.
2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care and treatment of mentally ill and mentally retarded persons.
3. Have additional qualifications which are in accordance with criteria prescribed by the [personnel division of the] department of [general services.] personnel.
4. Be in the classified service of the state.
Sec. 79. NRS 433A.080 is hereby amended to read as follows:
433A.080 1. A coordinator of medical programs is the medical head of any division facility designated by the administrator. He must be a psychiatrist licensed to practice medicine or, in the case of a treatment facility authorized by subsection 2 of NRS 433A.510, a psychiatrist or a pediatrician licensed to practice medicine. He may be a psychiatrist or pediatrician in private practice under contract to the division. He must have such additional qualifications as are in accordance with criteria prescribed by the [personnel division of the] department of [general services] personnel and must be in the unclassified service of the state.
2. A coordinator of medical programs shall:
(a) Cause to be kept a fair and full account of all medical affairs;
(b) Have standard medical histories currently maintained on all clients, and administer or have administered the accepted and appropriate medical treatments to all clients under his care, and may, by delegation of the administrative officer, be responsible for the nonmedical care and treatment of clients; and
(c) Undertake any diagnostic, medical or surgical procedure in the interest of the client, but only in accordance with the provisions of subsection 1 of NRS 433.484.
Sec. 80. NRS 523.031 is hereby amended to read as follows:
523.031 1. The department of energy is hereby created.
2. The department consists of the director and:
κ1983 Statutes of Nevada, Page 643 (CHAPTER 264, SB 232)κ
(a) The division of energy research and development; and
(b) The division of energy conservation and planning.
3. The governor shall appoint a director to serve as the executive head of the department.
4. The director must:
(a) Be in the unclassified service.
(b) Be selected with special reference to his training, experience, capability and interest in the field of energy conservation and management.
(c) Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
5. As executive head of the department, the director is responsible for the administration of all provisions of law relating to the functions of the department.
6. The director may employ any clerical and operational personnel necessary for the performance of his duties, prescribe their duties and fix their salaries in accordance with classifications made by the [personnel division of the] department of [general services.] personnel.
7. The director and the employees of the department are entitled to receive the travel expenses and subsistence allowances provided by law.
Sec. 81. NRS 584.455 is hereby amended to read as follows:
584.455 1. The commission shall appoint an executive director, who shall serve ex officio as its secretary.
2. The executive director may appoint such assistants, deputies, agents, experts and other employees as are necessary for the administration of NRS 584.325 to 584.690, inclusive, prescribe their duties and fix their salaries in accordance with classifications made by the [personnel division of the] department of [general services.] personnel.
3. The executive director is in the unclassified service of the state. All assistants, deputies, agents, experts and other employees are in the classified service pursuant to the provisions of chapter 284 of NRS.
4. The executive director may be removed by the commission.
Sec. 82. NRS 612.230 is hereby amended to read as follows:
612.230 1. For the purpose of insuring the impartial selection of personnel on the basis of merit, the executive director shall fill all positions in the employment security department, except the post of executive director, from registers prepared by the [personnel division of the] department of [general services,] personnel, in conformity with such rules, regulations and classification and compensation plans relating to the selection of personnel as may [from time to time] be adopted or prescribed by the executive director for the employment security department.
2. Subject to the provisions of chapter 284 of NRS, the executive director shall select all personnel either from the first five candidates on the eligible lists as provided in this chapter, or from the highest rating candidate within a radius of 60 miles of the place in which the duties of the position will be performed. The executive director [is authorized to] may fix the compensation and prescribe the duties and powers of such personnel, including such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the duties under this chapter, and may delegate to any such person such power and authority as he deems reasonable and proper for its effective administration.
κ1983 Statutes of Nevada, Page 644 (CHAPTER 264, SB 232)κ
powers of such personnel, including such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the duties under this chapter, and may delegate to any such person such power and authority as he deems reasonable and proper for its effective administration.
3. The executive director shall classify positions under this chapter and shall establish salary schedules and minimum personnel standards for the positions so classified. He shall devise and establish fair and reasonable regulations governing promotions, demotions and terminations for cause in accordance with such established personnel practices as will tend to promote the morale and welfare of the organization.
4. [Notwithstanding the provisions of NRS 284.343, the] The executive director may grant educational leave stipends to officers and employees of the employment security department if all of the cost of the educational leave stipends may be paid from federal funds.
Sec. 83. NRS 616.1723 is hereby amended to read as follows:
616.1723 The manager:
1. Subject to the authority of the board, has full power, authority and jurisdiction over the system.
2. May perform all acts necessary or convenient in the exercise of any power, authority or jurisdiction over the system, either in the administration of the system or in connection with the [insurance] business of insurance to be carried on by the system under the provisions of this chapter, including the establishment of premium rates.
3. May appoint in the unclassified service of the state no more than five persons, engaged in management, who report directly to the manager or an assistant manager. The board shall designate these positions, and may not change them without the approval of the [advisory] personnel commission. These persons are entitled to receive annual salaries fixed by the board.
Sec. 83.3. Section 3 of Assembly Bill No. 282 of the 62nd session of the legislature is hereby amended to read as follows:
Sec. 3. 1. The chairman of the employee-management committee must be chosen by a majority vote of the members.
2. The committee shall adopt such rules as it deems necessary for its own management.
3. The committee shall meet at least once every 3 months and at such other times as the chairman may designate.
4. The [personnel division] department shall provide secretarial services for the committee.
Sec. 83.7. Section 4 of Assembly Bill No. 282 of the 62nd session of the legislature is hereby amended to read as follows:
Sec. 4. The employee-management committee shall:
1. Serve in an advisory capacity to the governor, the commission and the [personnel division] department with respect to all matters of personnel administration and relations between management and employees.
2. Receive, consider and make recommendations on matters relating to personnel administration, policy and procedures.
κ1983 Statutes of Nevada, Page 645 (CHAPTER 264, SB 232)κ
3. Provide a forum for the hearing of employees suggestions, complaints or disciplinary problems.
4. Provide a means of communication for disseminating information to employees regarding the personnel program.
5. Hold hearings, when requested, and make final decisions for the adjustment of grievances as provided by the regulations of the commission.
Sec. 84. NRS 232.205 and 284.080 are hereby repealed.
Sec. 85. The regulations of the personnel division of the department of general services in effect on June 30, 1983, become the regulations of the department of personnel until such time as the department adopts new regulations.
Sec. 86. 1. Sections 14, 50, 61 and 64 of this act shall become effective at 12:01 a.m. on July 1, 1983.
2. The legislative counsel shall, in preparing the supplement to the Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended by another act:
(a) Appropriately correct any reference to an officer or agency whose designation is changed by this act, according to the function performed.
(b) If an internal reference is made to a section repealed by this act, delete the reference or correct it by reference to the superseding section, if any.
________
Assembly Bill No. 226Assemblymen Banner, Thompson, Jeffrey, Collins and Fay
CHAPTER 265
AN ACT relating to industrial insurance; permitting a hearing officer to request a medical examination of the claimant; clarifying the provisions on awards for permanent partial disabilities; changing the criteria for an award for a permanent partial disability in a lump sum; terminating certain benefits of a claimant if a lump sum is awarded; requiring payment by a claimant of the costs to investigate a false claim; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.5416 is hereby amended to read as follows:
616.5416 1. The hearing officer shall, within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request.
2. The hearing officer shall give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled.
3. If necessary to resolve a medical question concerning an injured employees condition, the hearing officer may refer the employee to a physician chosen by the hearing officer.
κ1983 Statutes of Nevada, Page 646 (CHAPTER 265, AB 226)κ
physician chosen by the hearing officer. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a physician designated by the administrator. The insurer shall pay the costs of any medical examination requested by the hearing officer.
4. The hearing officer shall prepare written findings of facts and render his decision within 15 days after [the hearing, and] :
(a) The hearing; or
(b) He receives a copy of the report from the medical examination he requested.
He must include with the notice of his decision the necessary forms for [taking an appeal] appealing from the decision.
Sec. 2. NRS 616.620 is hereby amended to read as follows:
616.620 Except as provided by section 4 of [this act] Assembly Bill No. 278 of the 62nd session and NRS 616.615, the insurer shall not make or allow any lump-sum settlements.
Sec. 3. NRS 616.675 is hereby amended to read as follows:
616.675 1. Any person who willfully makes a false statement or representation [for the purpose of obtaining] to obtain any benefit or payment under the provisions of this chapter, either for himself or for any other person, [shall be] is guilty of a gross misdemeanor.
2. If a claimant is convicted of violating the provisions of subsection 1, he [shall forfeit] :
(a) Forfeits all right to compensation under this chapter after conviction for the offense [.] ;and
(b) Is liable for the reasonable costs incurred by the insurer to investigate and act upon the false claim.
Sec. 4. Section 4 of Assembly Bill No. 278 of the 62nd session is hereby amended to read as follows:
1. An award for a permanent partial disability may be paid in a lump sum under the following conditions:
(a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, who incurs a disability [may elect to receive a payment in a lump sum of:
(1) Twenty-five percent of the present value of the compensation for his permanent partial disability; or
(2) The present value of the compensation for his permanent partial disability, but not more than $10,000.
(b) A claimant injured on or after July 1, 1973, may, upon demonstration of a need which is substantiated by a comprehensive evaluation of possible rehabilitation, be authorized by the insurer to receive his compensation in a lump sum
(c)] that does not exceed 25 percent may elect to receive his compensation in a lump sum.
(b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616.615, is entitled to a lump sum equal to the present value of the deceased claimants undisbursed award for a permanent partial disability.
κ1983 Statutes of Nevada, Page 647 (CHAPTER 265, AB 226)κ
deceased claimants undisbursed award for a permanent partial disability.
2. [The department shall adopt regulations concerning the manner in which a comprehensive evaluation of possible rehabilitation will be conducted and defining the factors to be considered in the evaluation required to substantiate the need for a lump sum settlement.] If the claimant elects to receive his payment for a permanent partial disability in a lump sum, all of his benefits for compensation terminate. His acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting he waives all of his rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his disability, except:
(a) His right to reopen his claim according to the provisions of NRS 616.545; and
(b) Any services for counseling, training or rehabilitation provided by the insurer.
The claimant must be advised in writing of the provisions of this subsection when he demands his payment in a lump sum, and has 20 days after the mailing or personal delivery of this notice within which to retract or reaffirm his demand, before payment may be made and his election becomes final.
3. Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.
4. A total lump sum payment for disablement must not be less than one-half the produce of the average monthly wage multiplied by the percentage of disability.
5. The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value is calculated using monthly payments in the amounts prescribed in subsection 4 of NRS 616.605 and actuarial annuity tables adopted by the department. The tables must be reviewed annually by a consulting actuary.
Sec. 5. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
If an employee who has received compensation in a lump sum for a permanent partial disability is subsequently injured by an accident arising out of and in the course of his employment and is thereby entitled to receive compensation for a temporary total disability, the compensation for the subsequent injury may not be reduced because of the receipt of the lump sum payment if the subsequent injury is distinct from the previous injury.
Sec. 6. Sections 2 and 4 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
κ1983 Statutes of Nevada, Page 648κ
Assembly Bill No. 57Assemblymen Schofield, Price, Getto and Stewart
CHAPTER 266
AN ACT relating to taxicabs; authorizing the use of money in the taxicab authority fund to subsidize transportation for the elderly under certain circumstances; authorizing expenditures therefor by the taxicab authority for the fiscal years beginning July 1, 1983, and July 1, 1984; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.8825 is hereby amended to read as follows:
706.8825 1. All fees collected pursuant to NRS 706.881 to 706.885, inclusive, must be deposited with the state treasurer to the credit of the taxicab authority fund, which is hereby created as a special revenue fund. The transactions for each county subject to those sections must be accounted for separately within the fund.
2. The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated for the purpose of defraying the cost of regulating taxicabs in the county or the city, respectively, making the deposit under that subsection.
3. The fees received pursuant to NRS 706.8827, 706.8841, 706.8848 to 706.885, inclusive, and subsection 3 of NRS 706.8826 are hereby appropriated for the purpose of defraying the cost of regulating taxicabs in the county in which the certificate holder operates a taxicab business.
4. Any balance remaining in the fund does not revert to the state general fund . [, but any] Any balance over $100,000 remaining in the fund which is attributable to a county must be used to refund certificate holders of the county a pro rata portion of the $100 paid pursuant to NRS 706.8826, not to exceed $95. If after refunding the maximum amount allowed a balance over $100,000 still remains, the administrator may use that balance and any interest earned on the fund, within the limits of legislative authorization for each fiscal year, to subsidize transportation for the elderly in taxicabs.
5. The administrator may establish a petty cash account not to exceed [$100] $1,000 for the support of undercover investigation and if the account is created the administrator shall reimburse the account from the taxicab authority fund in the same manner as other claims against the state are paid.
Sec. 2. There is hereby authorized for expenditure by the taxicab authority, for the transportation of the elderly in taxicabs, for the fiscal years beginning July 1, 1983, and ending June 30, 1984, and beginning July 1, 1984, and ending June 30, 1985, to the extent in each year that money is available in the taxicab authority fund which is not required for performing the duties of the authority, the following sums not appropriated from the state general fund or the state highway fund:
κ1983 Statutes of Nevada, Page 649 (CHAPTER 266, AB 57)κ
For the fiscal year 1983-84............................................................................... $70,000
For the fiscal year 1984-85................................................................................ 70,000.
________
Assembly Bill No. 392Assemblymen Sedway, Schofield, Jeffrey, Stewart, Sader, Dini, Bremner, Nevin, Marvel, Coffin, Thomas, Thompson, Vergiels and Bourne
CHAPTER 267
AN ACT relating to hospitals; requiring hospitals to itemize certain charges on their billings and describe those charges specifically and in understandable language; and providing other matters properly relating thereto.
[Approved May 12, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.243 is hereby amended to read as follows:
449.243 Every hospital licensed pursuant to the provisions of NRS 449.001 to 449.240, inclusive [, may] :
1. May, except as provided in subsection 2, utilize the Uniform Billing and Claims Forms established by the American Hospital Association.
2. Shall, on its billings to patients, itemize all charges for services, equipment, supplies and medicines and describe those charges with specificity and in language that is understandable to an ordinary lay person. This itemized billing must be provided at no additional cost and the hospital shall answer any questions regarding the bill.
________
Assembly Bill No. 48Assemblymen Getto, Bogaert, May, Thompson and Dini
CHAPTER 268
AN ACT relating to hunting; prohibiting interference with hunting or trapping by people acting as a group; providing a penalty; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 503 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful for a group of people, acting together, intentionally to interfere with a person who is lawfully hunting or trapping.
For the purpose of this subsection, hunting or trapping in lawful only if permitted by the owner or person in possession of the land, other than the government, in addition to any requirement of license or permit from a public authority.
κ1983 Statutes of Nevada, Page 650 (CHAPTER 268, AB 48)κ
2. The provisions of subsection 1 do not apply to any incidental interference arising from lawful activity by users of the public land, including without limitation ranchers, miners or persons seeking lawful recreation.
________
Assembly Bill No. 288Committee on Commerce
CHAPTER 269
AN ACT relating to savings and loan associations; making regulatory statutes on investments, profits, reserves and types of loans more flexible; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 673.080 is hereby amended to read as follows:
673.080 1. The secretary of state shall not issue any certificate to an association or company authorizing it to do business until the articles of association, agreement or incorporation are approved by the commissioner.
2. No amendment to the articles of the organization may be filed by the secretary of state without the written approval of the articles by the commissioner.
3. No association may sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its [permanent] common or preferred stock until it has first applied for and secured from the commissioner approval of an application for permission to organize as provided for in this section.
4. (a) Persons who desire to organize an association under this chapter shall first execute in triplicate an application, in the form prescribed by the commissioner, for permission to organize an association before taking any other action in connection with the organization.
(b) Upon execution of an application for permission to organize by seven responsible citizens, referred to in this section as applicants, the original and two copies of the application must be submitted to the commissioner. The applicants shall submit with their application the names and addresses of the applicants, the location of the proposed office, an itemized account of the financial condition of the proposed association and of the applicants, the amount and character of the proposed stock, statements, exhibits, maps and such additional information as the commissioner may require, together with an affidavit that the representations made thereby are consistent with the facts to the best of the applicants information and belief. This data must be sufficiently detailed and comprehensive to enable the commissioner to pass upon the application as to:
(1) The character and responsibility of the applicants;
κ1983 Statutes of Nevada, Page 651 (CHAPTER 269, AB 288)κ
(2) The need for the association in the community to be served;
(3) The reasonable probability of its usefulness and success; and
(4) Whether or not such an association can be established without undue injury to any properly conducted existing savings and loan institutions.
(c) If the commissioner approves the application he shall, within 30 days, notify all associations within 100 miles of the community where the applicant intends to establish an association. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the commissioner of the written protest, the commissioner shall fix a date for a hearing upon the protest, and the hearing must be held not earlier than 30 days nor more than 60 days from the date of receipt of written notice by registered or certified mail by the parties.
(d) The commissioner shall approve or deny the application within 90 days from the date of the conclusion of the hearing and give all parties written notice of his decision on or before that date.
(e) If the commissioner approves the application, he shall establish as conditions to be met before the issuance of a charter requirements as to:
(1) The minimum number of shares of [permanent capital] common or preferred stock to be subscribed to the associations permanent capital, of which at least 75 percent in number of stockholders and dollar amount of capital must be subscribed by bona fide residents of the State of Nevada;
(2) The minimum amount of paid-in surplus;
(3) The minimum amount of investment certificates to be paid into the associations savings accounts upon issuance of a charter to it; and
(4) Such other requirements as he deems necessary or desirable.
Approval of an application for permission to organize an association does not in any manner obligate the commissioner to issue a charter, except that when all requirements of this chapter and of the commissioner have been fulfilled, he shall issue a charter.
(f) The charter expires 180 days after issuance, unless, within that time, the association has obtained insurance of accounts from the Federal Savings and Loan Insurance Corporation. The commissioner may, for good cause, extend the time of the conditional expiration of the charter for an additional period or periods not exceeding 360 days in the aggregate.
5. An association shall not sell or issue any of its permanent stock until it has first applied for and secured from the commissioner a license authorizing it to operate as a savings and loan association under the laws of this state and until it has applied for and secured insurance of accounts under the rules and regulations of the Federal Savings and Loan Insurance Corporation. This insurance of accounts must be maintained at all times.
6. The commissioner may extend the time for any hearing provided for in this section, to the time agreed upon by the parties.
7. Every application for permission to organize, as provided for in this section, must be accompanied by a fee of $500, which must be paid into the state general fund and no part of it may be refunded.
κ1983 Statutes of Nevada, Page 652 (CHAPTER 269, AB 288)κ
this section, must be accompanied by a fee of $500, which must be paid into the state general fund and no part of it may be refunded.
8. The commissioner may impose conditions requiring the impoundment of proceeds from the sale of any stock, limiting the expense in connection with the sale of stock, and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the permission to organize.
9. Every permission to organize issued by the commissioner shall recite in bold type that its issuance is permissive only and does not constitute a recommendation or endorsement of the organization or of the stock permitted to be issued.
10. Any corporation making application under this section or authorized to organize or authorized to establish a savings and loan association shall provide for a minimum par value of its permanent capital stock of at least $1 in its articles of incorporation. Par value of permanent capital stock may not be reduced below $1 without written permission of the commissioner.
11. The removal of the home office or of any branch office of an association to any other location from its then-existing location requires prior approval of the commissioner. An application seeking approval must be delivered to the commissioner, together with a fee to cover expenses attendant upon the investigation required for the approval, which must be in an amount, not less than $100 nor more than $250, to be determined by the commissioner.
12. An association shall not pay any commissions or other compensation for the subscription to or sale of the original issue of its stock.
Sec. 2. NRS 673.250 is hereby amended to read as follows:
673.250 1. No association may sell or issue any of its [permanent] common or preferred stock until it has first applied for and secured from the commissioner a license authorizing it so to do as provided in NRS 673.080.
2. Every license must recite in bold type that the issuance of the license is permissive only and does not constitute a recommendation or endorsement of the stock permitted to be issued.
3. Before the sale of, or option to buy, any additional authorized but unissued [permanent capital] common or preferred stock, the association must have the written approval of the commissioner.
4. The commissioner may impose conditions requiring the impoundment of the proceeds from the sale of any stock, limiting the expense in connection with the sale and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the license.
Sec. 3. NRS 673.273 is hereby amended to read as follows:
673.273 1. [The] Except as permitted by subsection 6, the total [permanent] common stock and any preferred stock subscribed and paid plus the total of the surplus, undivided profits and all reserves available for losses [shall] must not at any time be less than 5 percent of the aggregate certificate value of the outstanding investment certificates of the association after the 11th anniversary of the date of insurance of accounts.
κ1983 Statutes of Nevada, Page 653 (CHAPTER 269, AB 288)κ
of the aggregate certificate value of the outstanding investment certificates of the association after the 11th anniversary of the date of insurance of accounts. [Such] The stock surplus, undivided profits and reserves [shall] must be at least equal to the percentage of outstanding investment certificates on each prior anniversary as stated below:
Date of insurance of accounts.............................................................. 3.00 percent
Second anniversary of date of insurance of accounts..................... 3.20 percent
Third anniversary of date of insurance of accounts......................... 3.40 percent
Fourth anniversary of date of insurance of accounts....................... 3.60 percent
Fifth anniversary of date of insurance of accounts.......................... 3.80 percent
Sixth anniversary of date of insurance of accounts.......................... 4.00 percent
Seventh anniversary of date of insurance of accounts.................... 4.20 percent
Eighth anniversary of date of insurance of accounts....................... 4.40 percent
Ninth anniversary of date of insurance of accounts......................... 4.60 percent
Tenth anniversary of date of insurance of accounts........................ 4.80 percent
[Eleventh anniversary of date of insurance of accounts................ 5.00 percent]
2. No dividends [shall] may be declared on [permanent] common or preferred stock until the total of the [permanent] common stock, preferred stock, surplus, undivided profits and all reserves available for losses is equal to the percentage required by subsection 1 of the outstanding investment certificates and if payment of [such] those dividends would reduce the capital structure to an amount below [such] that percentage.
3. Subject to the provisions of this chapter, [permanent stock shall be] common stock and any preferred stock is entitled to the rate of dividend, if earned, fixed by the board of directors. Stock dividends may be declared by the board of directors at any time, payable only from otherwise unallocated surplus and undivided profits.
4. No stock dividend [shall] may be declared and paid for any period in which the association has not declared and paid interest upon its withdrawable accounts.
5. The liability of an association on account of any capital notes which are subordinated to all outstanding investment certificates shall be deemed a reserve available for losses for the purposes of subsection 1 and of NRS 673.274, but no dividends [shall] may be declared on [permanent] common or preferred stock while any such capital notes are outstanding, without the written permission of the commissioner.
6. The commissioner may approve a lower ratio of the total common stock and any preferred stock, undivided profits and all reserves which must be available for losses to the aggregate of outstanding investment certificates. The commissioner shall not approve any ratio which would impair the insurance of the associations accounts by the Federal Savings and Loan Insurance Corporation.
Sec. 4. NRS 673.274 is hereby amended to read as follows:
673.274 1. No association whose stock, surplus, undivided profits and reserves are less than the amount specified in NRS 673.273 or approved by the commissioner may:
(a) Issue investment certificates or withdrawal accounts except in lieu of investment certificates or withdrawal accounts theretofore issued.
κ1983 Statutes of Nevada, Page 654 (CHAPTER 269, AB 288)κ
(b) Receive additional funds upon investment certificates or withdrawal accounts other than installment investment certificates or installment withdrawal accounts.
2. The provisions of this section [shall not prevent the] do not prohibit the association from crediting to investment certificates [of] the interest earned thereon, or [the] crediting to [withdrawal] withdrawable accounts [of] the interest thereon, if the payment of [such] the interest is not otherwise prohibited by the provisions of this chapter.
Sec. 5. NRS 673.275 is hereby amended to read as follows:
673.275 1. If the commissioner, as a result of any examination or from any report made to him, finds that the [permanent] common or preferred stock of any association is impaired, he shall notify the association that the impairment exists and shall require the association to make good the impairment within 90 days after the date of the notice.
2. If the amount of the impairment as determined by the commissioner is questioned by the association, then upon application filed within 10 days after the notice from the commissioner that the impairment exists, the association [shall have the right to] may have the value of the assets in question be determined by appraisals made by independent appraisers acceptable to the commissioner and the association.
3. The directors of the association upon which the notice has been served shall levy a pro rata assessment upon the [permanent] common and any preferred stock to make good the impairment. They shall cause notice of the requirement of the commissioner and of the levy to be given in writing to each stockholder of the association, and the amount of assessment which he must pay for the purpose of making good the impairment. In lieu of making the assessment, the impairment may be made good, without the consent of the commissioner, by reduction of the [permanent] common or preferred stock. Any stockholder who does not make payment under such an assessment shall transfer sufficient stock to the association to pay his pro rata share of the assessment, and there [shall be] is no further liability to the stockholder.
Sec. 6. NRS 673.2755 is hereby amended to read as follows:
673.2755 1. An association may issue investment certificates, with or without passbooks. The holders of investment certificates are not liable for debts or assessments, and are entitled upon liquidation of an association to receive payment in full before any payment or distribution is made to stockholders. The holders of investment certificates have no right to participate in the profits of the association.
2. Investment certificates may be issued as [full-paid] fully paid investment certificates, accumulative investment certificates, minimum term investment certificates or other types of certificates approved by the commissioner. The commissioner shall not approve any certificates whose issuance would impair the insurance of the associations accounts by the Federal Savings and Loan Insurance Corporation.
κ1983 Statutes of Nevada, Page 655 (CHAPTER 269, AB 288)κ
Sec. 7. NRS 673.276 is hereby amended to read as follows:
673.276 [1.] An association may invest in:
[(a)] 1. Without limit, obligations of, or obligations guaranteed as to principal and interest by, the United States or any state.
[(b)] 2. Obligations of the United States Postal Service, whether or not guaranteed as to principal and interest by the United States.
[(c)] 3. Stock of a federal home-loan bank of which [it] the association is eligible to be a member.
[(d)] 4. Any obligations or consolidated obligations of any federal home-loan bank or banks.
[(e)] 5. Stock or obligations of the Federal Savings and Loan Insurance Corporation.
[(f)] 6. Stock or obligations of a national mortgage association or any successor or successors thereto, including the Federal National Mortgage Association.
[(g)] 7. Demand, time or savings deposits with any bank or trust company [, the] whose deposits [of which] are insured by the Federal Deposit Insurance Corporation.
[(h)] 8. Stock or obligations of any corporation or agency of the Untied States or any state, or in deposits therewith to the extent that such a corporation or agency assists in furthering or facilitating the associations purposes or powers.
[(i)] 9. Savings accounts of any insured [state-licensed] association licensed by the state and of any federal savings and loan association, but each investment in any other savings and loan association must be fully insured by the Federal Savings and Loan Insurance Corporation.
[(j)] 10. Bonds, notes or other evidences of indebtedness which are general obligations of any city, town, county, school district or other municipal corporation or political subdivision of any state.
[(k)] 11. Shares and other securities of a state development corporation organized under the provisions of chapter 670 of NRS.
[2. An association may invest any portion of its money in loans secured by first lien deeds of trust or mortgages upon real property. Additional loans or advances on the same property, without intervening liens, shall be deemed to be first liens for the purpose of this chapter.
3. An association may invest any of its money in a loan to finance a borrowers interest in or to refinance his existing interest in a cooperative housing corporation if the loan is secured by:
(a) A first security interest in stock or a certificate of membership in the cooperative housing corporation; and
(b) An assignment of or lien on the borrowers interest in the lease or other right of tenancy to a dwelling unit of the cooperative housing corporation.
A first security interest may exist notwithstanding any mortgage or deed of trust encumbering the property owned by the cooperative housing corporation if the stock or certificate of membership in the corporation and the borrowers lease or other right of tenancy are not encumbered with a prior security interest. For purposes of this chapter, additional loans or advances on the same interest in a cooperative housing corporation, without intervening liens, shall be deemed to be first security interests.
κ1983 Statutes of Nevada, Page 656 (CHAPTER 269, AB 288)κ
additional loans or advances on the same interest in a cooperative housing corporation, without intervening liens, shall be deemed to be first security interests. For purposes of this chapter, the interest in a cooperative housing corporation which is encumbered by a security interest shall be deemed to be real property and the security interest shall be deemed to be a mortgage on real property.
4. No association may create loans by investment in real property farther than 100 miles from its home office or a full-service branch, unless it has the prior, written approval of the commissioner. The investment may include the subdivision and development of real property principally for residential use. An association must not have investments under this subsection at any time greater than 5 percent of its assets. No investment made pursuant to this subsection may be held by an association for more than 3 years except with the written permission of the commissioner.]
12. Any other investment at the discretion of the associations directors, if after the investment is made, the associations accounts remain insurable by the Federal Savings and Loan Insurance Corporation.
Sec. 8. NRS 673.2765 is hereby amended to read as follows:
673.2765 1. An association may invest in the capital stock, obligations or other securities of a related service corporation organized under the laws of this state, except a corporation organized for the underwriting or sale of insurance, subject to any [rules and] regulations [which are applicable to federally chartered associations] concerning the insurability of the associations accounts by the Federal Savings and Loan Insurance Corporation and to whatever regulations the commissioner may impose in this regard, if the entire capital stock of [such] the corporation is available for purchase by associations organized under the laws of this state only.
2. No association may make any such investment if its aggregate, outstanding investments, pursuant to subsection 1, would then be in excess of 1 percent of its assets.
Sec. 9. NRS 673.302 is hereby amended to read as follows:
673.302 The aggregate amount of all borrowings of any association in force at any one time, excluding borrowings from the federal home-loan banks, the Federal Savings and Loan Insurance Corporation, or other similar federal agencies, [shall] must not exceed 5 percent of the total assets of the association without the approval of the commissioner. The commissioner shall not approve any borrowing which would impair the insurance of the associations accounts by the Federal Savings and Loan Insurance Corporation.
Sec. 10. NRS 673.316 is hereby amended to read as follows:
673.316 1. Nothing in this chapter requires any association to sell, transfer or dispose of any investment or loan made or purchased by [such] the association before March 30, 1959. Any association may:
(a) Renew, extend the time of payment of, or rewrite any loan made before [such] that date.
(b) Make additional advances or loans for the purchase of preserving the security of [such] the loan or for the purpose of protecting the property securing [such] the loan.
κ1983 Statutes of Nevada, Page 657 (CHAPTER 269, AB 288)κ
the security of [such] the loan or for the purpose of protecting the property securing [such] the loan.
(c) Make any such renewal, extension, advance or loan to the borrower or to any successor in interest in the property securing the loan.
(d) Make loans on property sold by an association or extend credit thereon for the purpose of facilitating the sale of [such] the property regardless of any other provision of this chapter.
2. No advance or loan may be made under the provisions of this section if [such] the advance or loan would increase the total liability to the association making [such] the advance or loan to more than 2 percent of total assets, except with the approval of the commissioner.
3. For the purpose of preserving the security of any loan or of protecting the property securing any loan made in compliance with this chapter, an association may make additional advances or loans to the borrower or any successor in interest in the property securing the loan. Regardless of any other provision of this chapter an association may make loans or extend credit for the purpose of facilitating the sale of property acquired by repossession, foreclosure or [by] conveyance in lieu of foreclosure [.] if that activity conforms to generally accepted accounting practices.
Sec. 11. NRS 673.324 is hereby amended to read as follows:
673.324 1. An association may make [real property home loans on the direct reduction plan, repayable in monthly installments, equal or unequal, sufficient to retire the debt, interest and principal within 30 years, except that this 30-year limitation does not apply to loans made by an association which are insured by the Federal Housing Administration, which are guaranteed under the provisions of the Servicemens Readjustment Act of 1944, as amended or supplemented, which are otherwise insured or guaranteed by the United States or any agency or instrumentality thereof or which have been extended in time solely as a result of variances in interest rates during the loan term, but the loan contract shall not provide for any subsequent monthly installment of an amount larger than any other previous monthly installment in excess of 50 percent. The monthly payments required shall be applied first to advances and interest on the unpaid balance of the debt and the remainder to the reduction of the debt until the loan is paid in full.] Any loan which:
(a) Is secured by real property;
(b) Is secured by personal property;
(c) Results from a credit card issued by the association;
(d) Is unsecured;
(e) Is made to the United States, its agencies or any governmental agency of the State of Nevada; or
(f) Is made at the discretion of the associations directors, if the loan will not impair the insurability of the associations accounts by the Federal Savings and Loan Insurance Corporation.
2. Additional loans or advances on the same property, without intervening liens, shall be deemed to be first liens for the purpose of this chapter.
κ1983 Statutes of Nevada, Page 658 (CHAPTER 269, AB 288)κ
Sec. 12. NRS 673.3244 is hereby amended to read as follows:
673.3244 1. No association [shall] may make any loans to a [corporation of which a majority of the stock is owned or controlled individually or collectively by any one or more of the directors, officers or majority stockholders of such association, unless such loan is authorized expressly] :
(a) Corporation if the majority of the stock is owned or controlled individually or collectively by any one or more of the directors, officers or majority stockholders of the association; or
(b) Partnership if the limited or general partner is a director, officer or the majority owner of the association
unless the loan is expressly authorized by this chapter or by a resolution of the board of directors of the association. [Such resolution shall] The resolution must be approved by a vote of at least two-thirds of all the disinterested directors of the association.
2. An association may make loans to any corporation [in which any director or officer of such association is a minority stockholder, on authorization of or confirmation within 30 days after making such loan by the affirmative vote of all the disinterested directors of such association present at the meeting authorizing or confirming such loan, when such affirmative vote constitutes a majority of all the directors.] or partnership in which a director or officer of the association is a minority stockholder or partner if the loan is authorized or confirmed, at a meeting held within 30 days after the loan is made, by the affirmative vote of all the disinterested directors of the association present at the meeting and if the affirmative vote constitutes a majority of all the directors of the association. The interested director or officer shall not vote or participate in any manner in the action of the board of directors upon the loan. The authorization or confirmation [shall] must be entered in the minutes of the association. [Such loan shall] The loan must in all other respects comply with the provisions covering the granting of loans.
3. If a loan is made to a corporation or partnership as set forth in subsection 2, and if the director or officer of the association owns more than [5] 10 percent of the paid-in capital of [such] the corporation, or if any two or more officers of directors own more than 20 percent of the paid-in capital of [such] the corporation [,] or if any one or more of the directors is a general partner, the association shall file reports with the commissioner showing the following:
(a) The fact of making the loan.
(b) The names of the directors authorizing or confirming the loan.
(c) The corporate or partnership name of the borrower.
(d) The name of each director or officer of the association who is a stockholder, officer [or] , director or partner of the corporation or partnership to which the loan [is] was made.
(e) The amount of stock held by the officer or director in [such] the corporation.
(f) The amount of the loan, the rate of interest thereon, the time when the loan becomes due, the amount, character and value of the security given therefor, and the fact of final payment when made.
κ1983 Statutes of Nevada, Page 659 (CHAPTER 269, AB 288)κ
4. All officers, directors, or stockholders holding more than 10 percent of the paid-in capital of the association shall disclose annually to the commissioner their investments in any partnership or corporation to which a loan is made. If any changes in those investments occur, the commissioner must be notified.
Sec. 13. NRS 673.3271 is hereby amended to read as follows:
673.3271 1. An association shall not make at one time loans to any one borrower, or under any one transaction, or applicable to any one project, or tract, if the loans in the aggregate are in excess of whichever of the following is the lesser:
(a) [Five] Ten percent of its total savings accounts, unless [such] that requirement is waived by written approval of the commissioner.
(b) An amount equal to the sum of its capital, surplus, undivided profits, loan reserve, federal insurance reserve, capital notes and such other reserves as the commissioner may prescribe.
2. For the purpose of this section, the term one borrower means:
(a) Any person or entity that is, or that upon the making of a loan will become, obligor on a loan . [on the security of real estate.]
(b) Nominees of [such] the obligor.
(c) Any persons, trusts, partnerships, syndicates and corporations of which [such] the obligor is a nominee or a beneficiary, partner, member, or stockholder of record or beneficial interest stockholder owning 10 percent or more of the capital stock of any corporation.
(d) If such obligor is a trust, partnership, syndicate or corporation, all trusts, partnerships, syndicates and corporations of which any beneficiary, partner, member, or stockholder of record or beneficial interest stockholder owning 10 percent or more of the capital stock is also a beneficiary, partner, member or stockholder of record or beneficial interest stockholder owning 10 percent or more of the capital stock of such association.
3. For the purpose of this section, the term loans to any one borrower means the amount of the new loan plus the total balances of all outstanding loans [on the security of real estate] owed to the association by such borrower. Notwithstanding any other limitations of this section, any such loan may be made if the new loan when added to the total balances of all outstanding loans [on the security of real estate] owed to the association by such borrower does not exceed $250,000.
4. For the purpose of this section, the term balances of all outstanding loans means the original amounts loaned by the association plus any additional advances and interest due and unpaid, less repayments and participating interests sold and an exclusive of any loan on the security of real estate the title to which has been conveyed to a bona fide purchaser of [such] the real estate.
5. If an association makes a loan to any one borrower in an amount which, when added to the total balances of all outstanding loans [on the security of real estate] owed to the association by such borrower, exceeds $250,000, the records of [such] the association with respect to [such loan shall] the loan must include documentation showing that [such] the loan was made within the limitations of this chapter.
κ1983 Statutes of Nevada, Page 660 (CHAPTER 269, AB 288)κ
showing that [such] the loan was made within the limitations of this chapter. For the purpose of such documentation, the association may require, and may accept in good faith, a certification by the borrower identifying the persons, entities and interests described in the definition of one borrower in subsection 2.
Sec. 14. NRS 673.330 is hereby amended to read as follows:
673.330 Associations shall not charge for the privilege of prepayment in part or in full of any [real property] loan an amount greater than 180 days interest on the amount prepaid.
Sec. 15. NRS 673.590 is hereby amended to read as follows:
673.590 1. Whenever, in the case of any association which has issued [permanent] common or preferred stock, the commissioner or the Federal Savings and Loan Insurance Corporation has fully liquidated all claims other than claims of the stockholders, and has made due provision for all known or unclaimed liabilities, excepting claims of [permanent] stockholders, and has paid all expenses of liquidation, the commissioner shall call a meeting of the stockholders of the savings and loan association.
2. Notice of the meeting shall be given by:
(a) Five publications in a 30-day period in one or more newspapers published in the county in which the principal office of the association is located; and
(b) Letter to each stockholder mailed to his last-known address.
3. At the meeting the commissioner shall deliver to the stockholders all the property and effects of the association remaining in his possession except its records, which [shall] must be retained by him as part of the records of his office. Upon transfer and delivery he [shall be] is discharged from any further liability to the association or its creditors, and thereafter the association [shall be] is in the same position as though it had never been authorized to transact a savings and loan business.
Sec. 16. Chapter 673 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An association may invest any of its money in a loan to finance a borrowers interest in or to refinance his existing interest in a cooperative housing corporation if the loan is secured by:
(a) A first security interest in stock or a certificate of membership in the cooperative housing corporation; and
(b) An assignment of or lien on the borrowers interest in the lease or other right of tenancy to a dwelling unit of the cooperative housing corporation.
2. A first security interest may exist even though a mortgage or deed of trust encumbers the property owned by the cooperative housing corporation if the stock or certificate of membership in the corporation and the borrowers lease or other right of tenancy are not encumbered with a prior security interest. For purposes of this chapter, additional loans or advances on the same interest in a cooperative housing corporation, without intervening liens, shall be deemed to be first security interest. For purposes of this chapter, the interest in a cooperative housing corporation which is encumbered by a security interest shall be deemed to be real property and security interest shall be deemed to be a mortgage on real property.
κ1983 Statutes of Nevada, Page 661 (CHAPTER 269, AB 288)κ
interest shall be deemed to be real property and security interest shall be deemed to be a mortgage on real property.
Sec. 17. NRS 673.006, 673.028, 673.029, 673.0325, 673.0326, 673.3245, 673.325, 673.3251, 673.326, 673.327, 673.328 and 673.329 are hereby repealed.
________
Assembly Bill No. 94Assemblymen Swain, Collins and Craddock
CHAPTER 270
AN ACT relating to discrimination; limiting a certain prohibition against filing a complaint with the Nevada equal rights commission; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233.160 is hereby amended to read as follows:
233.160 1. [Complaints which allege] A complaint which alleges unlawful discriminatory practices in housing, employment or public accommodations [shall] must be filed with the commission not later than 180 days after the date of the occurrence of the alleged practice. A compliant is timely if it is filed with an appropriate federal agency within [such] that period. A complainant shall not file a complaint with the commission if any other state or federal administrative body or officer which has comparable jurisdiction to adjudicate complaints of discriminatory practices has made a decision upon a complaint based upon the same facts and legal theory.
2. The [complaint] complainant shall specify in the complaint the alleged unlawful practice and [shall be signed under oath by the complainant.] sign it under oath.
3. The commission shall send to the party against whom an unlawful discriminatory practice is alleged:
(a) A copy of the complaint;
(b) An explanation of the rights which are available to him; and
(c) A copy of the commissions procedures.
________
κ1983 Statutes of Nevada, Page 662κ
Senate Bill No. 110Senators Horn, Wilson, Ashworth, Mello, Wagner, Blakemore, Jacobsen, Hickey, Robinson, Raggio, Bilbray, Foley and Hernstadt
CHAPTER 271
AN ACT relating to property; increasing the amount exempt as a homestead; increasing the value of a dwelling exempt from execution; providing that certain conveyances do not extinguish the homestead; clarifying provisions relating to the right of survivorship and the disposition of the property in case of death; providing an alternative method of establishing the termination of an interest in community property with right of survivorship and establishing a related presumption; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 115.010 is hereby amended to read as follows:
115.010 1. The homestead, consisting of either a quantity of land, together with the dwelling house thereon and its appurtenances, or a mobile home whether or not the underlying land is owned by the claimant, not exceeding [$75,000] $90,000 in value, to be selected by the husband and wife, or either of them, other head of a family, or other single person claiming the homestead, is not subject to forced sale on execution, or any final process from any court, except as provided by subsection 2.
2. The exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the premises, or for improvements made thereon, including any mechanics lien lawfully obtained, or for legal taxes, or for:
(a) Any mortgage or deed of trust thereon executed and given; or
(b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude,
by both husband and wife, when that relation exists.
3. Any declaration of homestead which has been filed before July 1, [1981] 1983, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the value of the property selected and claimed for the exemption up to the value permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, [1981.] 1983.
Sec. 2. NRS 115.020 is hereby amended to read as follows:
115.020 1. The homestead selection [shall] must be made by either the husband or wife or both of them, other head of a family, or other single person, declaring an intention in writing to claim the [same] property as a homestead.
2. The declaration [shall] must state:
(a) When made by a married person or persons, that they or either of them are married, or if not married, that he or she is the head of a family or a householder.
(b) When made by a married person or persons, that they or either of them, as the case may be, are, at the time of making the declaration, residing with their family, or with the person or persons under their care and maintenance, on the premises, particularly describing the premises.
κ1983 Statutes of Nevada, Page 663 (CHAPTER 271, SB 110)κ
of them, as the case may be, are, at the time of making the declaration, residing with their family, or with the person or persons under their care and maintenance, on the premises, particularly describing the premises.
(c) When made by any claimant under this section, that it is their or his intention to use and claim the [same] property as a homestead.
3. The declaration [shall] must be signed by the person or persons making [the same,] it, and acknowledged and recorded as conveyances affecting real property are required to be acknowledged and recorded. [From and after the filing for record of the declaration, the husband and wife shall be deemed to hold the homestead as joint tenants.
4.] If the property declared upon as a homestead [be] is the separate property of either spouse, both must joint in the execution and acknowledgment of the declaration . [; and if the property shall retain its character of separate property until the death of one or the other of the spouses, then the homestead right shall cease in and upon the property and the same belong to the person (or his or her heirs) to whom it belonged when filed upon as a homestead.]
4. The rights acquired by declaring a homestead are not extinguished by the conveyance of the underlying property in trust for the benefit of the person or persons who declared it.
Sec. 3. NRS 115.050 is hereby amended to read as follows:
115.050 1. Whenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment makes oath before the judge of the district court of the county in which the premises are situated, that the cash value of the premises exceeds, to the best of the creditors information and belief, the sum of [$75,000,] $90,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the value of the premises, and if the value exceeds the sum of [$75,000,] $90,000, whether the premises can be divided so as to leave the premises amounting to the homestead exemption without material injury.
2. If it appears, upon the report, to the satisfaction of the judge that the premises can be thus divided, he shall order the excess to be sold under execution. If it appears that the premises cannot be thus divided, and the value thereof exceeds the exemption allowed by this chapter, he shall order the entire premises to be sold, and out of the proceeds the sum of [$75,000] $90,000 to be paid to the defendant in execution, and the excess to applied to the satisfaction on the execution. No bid under [$75,000] $90,000 may be received by the officer making the sale.
3. When the execution is against a husband or wife, the judge may direct the [$75,000] $90,000 to be deposited in court, to be paid out only upon the joint receipt of the husband and wife, and the deposit possesses all the protection against legal process and voluntary disposition by either spouse as did the original homestead premises.
Sec. 4. NRS 115.060 is hereby amended to read as follows:
115.060 [1. Except as otherwise required by subsection 4 of NRS 115.020, the homestead and all other property exempt by law from sale under execution, must, upon the death of either spouse, be set apart by the court as the sole property of the surviving spouse, for his benefit and that of his legitimate child or children.
κ1983 Statutes of Nevada, Page 664 (CHAPTER 271, SB 110)κ
NRS 115.020, the homestead and all other property exempt by law from sale under execution, must, upon the death of either spouse, be set apart by the court as the sole property of the surviving spouse, for his benefit and that of his legitimate child or children. If there is no surviving spouse or legitimate child of either, then the property is subject to administration and to the payment of his debts and liabilities.
2. The provisions of subsection 1 also apply to a single person with respect to his minor brothers or sisters, or both, or of a brothers or sisters minor children, or of a father or mother, or of grandparents, or unmarried sisters who were living in his house and under his care and maintenance at the time of his death, but in all such cases the right of enjoyment conferred by subsection 1 ceases upon the cessation of the terms upon which it was granted.]
1. If the property declared upon as a homestead is community property, the husband and wife shall be deemed to hold the homestead as community property with a right of survivorship. Upon the death of either spouse:
(a) The exemption of the homestead from execution continues, without further filing, as to any debt or liability existing against the spouses, or either of them, until the death of the survivor and thereafter as to any debt or liability existing against the survivor at the time of his death.
(b) The property vests absolutely in the survivor.
2. If the property declared upon as a homestead is the separate property of either spouse, the husband and wife shall be deemed to hold the right to exemption of the homestead from execution jointly while both spouses are living. If the property retains its character as separate property until the death of one or the other of the spouses:
(a) The exemption of the homestead from execution continues as to any debt or liability existing against the spouses, or either of them, at the time of death of the decedent but ceases as to any subsequent debt or liability of the survivor.
(b) The property belongs to the person (or his heirs) to whom it belonged when filed upon as a homestead.
3. If the property declared upon as a homestead is the property of a single person who is the head of a family, upon his death:
(a) The exemption of the homestead from execution continues, without further filing, as to any debt or liability existing against him at the time of his death and as to any subsequent debt or liability against a member of his family who was living in his house and under his care and maintenance at the time of his death, if that member of the family continues to reside on the homestead property and is his minor child, minor brother or sister, minor nephew or niece or his parent or grandparent.
(b) The right of enjoyment of the property belongs to each member of the family described in paragraph (a) until that member no longer qualifies under that paragraph.
4. If the property declared upon as a homestead is the property of a single person who is not the head of a family, upon his death the exemption of the homestead from execution continues as to any debt or liability existing against him at the time of his death.
κ1983 Statutes of Nevada, Page 665 (CHAPTER 271, SB 110)κ
exemption of the homestead from execution continues as to any debt or liability existing against him at the time of his death.
Sec. 5. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as otherwise specifically provided in this section:
(a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.
(b) Necessary household goods, appliances, furniture, home and yard equipment, not to exceed $3,000 in value, belonging to the judgment debtor to be selected by him.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.
(d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.
(e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.
(f) One vehicle if the judgment debtors equity does not exceed $1,000 or the creditor is paid an amount equal to any excess above that equity.
(g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during this period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater. The exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.
(h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.
(i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
κ1983 Statutes of Nevada, Page 666 (CHAPTER 271, SB 110)κ
company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
(k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000, and if they exceed that sum a like exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.
(l) The homestead as provided for by law.
(m) The dwelling of the judgment debtor occupied as a home for himself and family, not exceeding [$75,000] $90,000 in value, where the dwelling is situate upon lands not owned by him.
2. No article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
3. Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 (92 Stat. 2586) do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2, of this section.
Sec. 6. NRS 40.470 is hereby amended to read as follows:
40.470 1. Whenever title or an interest in real or personal property is affected by the death of any person, any other person who claims any interest in [such] the real or personal property, [which] if his interest is affected by the death of [such] that person, may file in the district court of any county in which any part of [such] the real or personal property is situated [,] a verified petition setting forth those facts and particularly describing the real or personal property, the interest of the petitioner, and the interest of the deceased therein.
2. The clerk shall set the petition for hearing by the court. Notice of hearing of the petition [shall] must be mailed by certified mail return receipt requested, postage prepaid, to the heirs at law of the deceased person at their places of business or residences, if known, and if not, by publication for at least 3 successive weeks in such newspaper as the court [shall order.] orders, Failure on the part of any such heir at law to contest the petition [shall preclude] precludes any such heir at law from thereafter contesting the validity of the joint interest or its creation or termination.
3. The court shall take evidence for or against the petition, any may render judgment thereon establishing the fact of [such] the death and the termination of the interest of the deceased in the real or personal property described in the petition.
4. A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the real or personal property is situated.
5. As an alternative method, whenever title or an interest in real or personal property held in joint tenancy or as community property with right of survivorship is affected by death of any person, any person who has knowledge of the facts may file in the office of the county recorder in the county where the property is situated an affidavit reciting the existence of [such] the property, describing [such] the property, and establishing the death of the joint tenant or tenants or the spouse by attaching a certified copy of the death certificate or certificates to [such] the affidavit.
κ1983 Statutes of Nevada, Page 667 (CHAPTER 271, SB 110)κ
recorder in the county where the property is situated an affidavit reciting the existence of [such] the property, describing [such] the property, and establishing the death of the joint tenant or tenants or the spouse by attaching a certified copy of the death certificate or certificates to [such] the affidavit.
Sec. 7. NRS 111.365 is hereby amended to read as follows:
111.365 In the case of real property owned by two or more persons as joint tenants [,] or as community property with right of survivorship, it is presumed that all title or interest in and to [such] that real property of each of one or more deceased joint tenants or the deceased spouse has terminated, and vested solely in the surviving joint tenant or spouse or vested jointly in the surviving joint tenants, if there has been recorded in the office of the recorder of the county or counties in which [such] the real property is situate an affidavit, subscribed and sworn to by a person who has knowledge of the hereinafter required facts, which sets forth the following:
1. The family relationship, if any, of the affiant to each [of such one or more] deceased joint [tenants;] tenant or the deceased spouse;
2. A description of the instrument or conveyance by which the joint tenancy or right of survivorship was created;
3. A description of the real property subject to [such] the joint tenancy [;] or right of survivorship; and
4. The date and place of each [of such one or more] deceased joint [tenants.] tenant or the deceased spouse.
Sec. 8. NRS 146.050 is hereby amended to read as follows:
146.050 1. If the homestead was selected by the husband and wife, or either of them, during their coverture, and recorded while both were living, as provided in chapter 115 of NRS, it vests, on the death of either spouse, absolutely in the survivor, unless vesting is otherwise required pursuant to subsection [4 of NRS 115.020.] 2 of NRS 115.060.
2. If no homestead was selected, but a homestead is set apart by the court for a limited period to the family of the decedent, as provided in this chapter, it vests, subject to this setting apart:
(a) If set apart from his separate property, in the heirs or devisees of the decedent.
(b) If set apart from community property, one-half in the surviving spouse, and one-half in the devisees of the decedent, or if no testamentary disposition is made then in the surviving spouse.
3. If the homestead is set apart by the court for a limited period of time, such period must be designated in the order and [shall] must not extend beyond the lifetime of the surviving spouse or the minority of any child or children of the decedent, whichever is longer.
4. In either case referred to in subsection 1 or 2, the homestead is not subject to the payment of any debt or liability existing against the spouses, or either of them, at the time of death of either, except it be secured by lawful liens thereon.
________
κ1983 Statutes of Nevada, Page 668κ
Senate Bill No. 132Committee on Finance
CHAPTER 272
AN ACT relating to state officers and employees; requiring the continued payment by the state of certain insurance premiums for certain persons who are temporarily totally disabled; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 287 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The department, agency, commission or public agency which employed an officer or employee who:
1. Was injured in the course of that employment;
2. Receives compensation for a temporary total disability pursuant to NRS 616.585; and
3. Was a member of the states group insurance program at the time of the injury,
shall pay the states share of the cost of the premiums of the group insurance for that officer or employee for a period of not more than 9 months or until the officer or employee is able to return to work, whichever is less.
________
Senate Bill No. 163Committee on Judiciary
CHAPTER 273
AN ACT relating to estates of decedents; making various changes to provisions on the administration of those estates; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 140.040 is hereby amended to read as follows:
140.040 1. [The] A special administrator shall:
(a) Collect and preserve for the executor or administrator when appointed all the goods, chattels and debts of the deceased, and all incomes, rents, issues, profits, claims and demands of the estate.
(b) Take charge and management of [,] the real property and enter upon and preserve it from damage, waste and injury . [, the real property.]
2. [The] A special administrator may:
(a) For [any and] all necessary purposes, commence, maintain or defend suits and other legal proceedings as an administrator.
(b) [Sell such perishable estate as the district court may order to be sold.]
κ1983 Statutes of Nevada, Page 669 (CHAPTER 273, SB 163)κ
sold.] Without prior order of the court, sell any perishable property of the estate, as provided in NRS 148.170.
(c) Exercise such other powers as may have been conferred upon him by the appointment.
(d) Obtain leave to borrow money or to lease or mortgage or execute a deed of trust upon real property in the same manner as a general administrator.
3. [In no case shall the] A special administrator [be] is not liable : [to]
(a) To an action by any creditor [,] on any claim against the estate [, nor] ; or
(b) To pay any claim against the deceased [,] except for [claims] a claim involving wrongful death, personal injury or property damage where the estate contains no assets other than a policy of liability insurance.
Sec. 2. NRS 153.020 is hereby amended to read as follows:
153.020 1. Where any trust, life estate, or estate for years has been created by or under any will to continue after distribution, the district court does not lose jurisdiction of the estate by final distribution but, except as provided in this subsection, retains jurisdiction of it to settle the accounts under the trusts, life tenancies, or estates for years and for the distribution of the residue to those entitled to it. The distribution may be upon petition of the trustee, his successor in interest, or of any person entitled to share in the distribution. The court may transfer supervision of the trust to another court within or outside this state as provided in NRS 164.130.
2. Any trustee of any trust created by any will, or appointed to execute any trust created by any will, may, from time to time, pending the execution of his trust, petition for the settlement of his accounts as trustee before the district court in which the will was probated in the manner provided for the settlement of the accounts of executors and administrators.
3. The trustee shall, for that purpose, present to the court a verified petition setting forth the accounts in detail, with a report showing the condition of the trust estate and [a] his verified statement [of the trustee] giving names and post office addresses, if known, of the beneficiaries. Upon the filing thereof, the clerk shall fix a day for the hearing and the trustee shall give notice [of not less than 10 days by causing notice] of the hearing [to be posted at the courthouse of the county where the proceedings are pending, setting] in the manner prescribed by NRS 155.010. The notice must set forth the name of the trust estate, the trustee, and the day appointed for the settlement of the account. The court, or a judge thereof, may order such further notice to be given as may be proper.
4. [Any] The trustee of any trust created by [any] a will or appointed to execute any trust created by [any] a will shall, at [its termination,] the termination of the trust, petition for the settlement of his accounts as trustee in the manner provided in chapter 165 of NRS.
κ1983 Statutes of Nevada, Page 670 (CHAPTER 273, SB 163)κ
Sec. 3. NRS 155.190 is hereby amended to read as follows:
155.190 In addition to any order or decree from which an appeal is expressly permitted by this Title, an appeal may be taken to the supreme court within 30 days after its entry, from an order or decree:
1. Granting or revoking letters testamentary or letters of administration.
2. Admitting a will to probate or revoking the probate thereof.
3. Setting aside an estate claimed not to exceed [$1,000] $25,000 in value.
4. Setting apart property as a homestead, or claimed to be exempt from execution.
5. Granting or modifying a family allowance.
6. Directing or authorizing the sale or conveyance or confirming the sale of property.
7. Settling an account of an executor, administrator or trustee.
8. Instructing or appointing a trustee.
9. Instructing or directing an executor or administrator.
10. Directing or allowing the payment of a debt, claim, legacy or attorneys fee.
11. Determining heirship or the persons to whom distribution must be made or trust property must pass.
12. Distributing property.
13. Refusing to make any order mentioned in this section or any decision wherein the amount in controversy equals or exceeds, exclusive of costs, $1,000.
Sec. 4. NRS 156.080 is hereby amended to read as follows:
156.080 1. The trustee may sell any [or all] of the personal property or sell, mortgage or give a deed of trust upon any [or all] of the real property of the missing person when [it is considered by] the court considers such an action to be in the best interest of the estate and all parties concerned , including legatees and devisees and those who would be, in case of the death of [such] the missing person, the heirs at law . [, and for that purpose shall] For that purpose, the trustee may file a petition with the court asking for an order [directing and] authorizing such a sale, mortgage or deed of trust.
2. The [petition shall be set] clerk shall set the petition for hearing [not sooner than 10 days after the filing thereof and notice of such hearing shall be given by the clerk of the court by posting a notice at the courthouse door.
3. Notice shall also be given by registered or certified mail to each] and give notice of the hearing, in the manner prescribed in NRS 155.010, to the persons described in that section and to:
(a) Each of the persons who would be heirs at law of the missing person [,] if he were dead [, and if] ; and
(b) If it appears that [such] the missing person left a will, [like notice shall be given to] each legatee and devisee mentioned therein . [, at their respective places of residence, and a return receipt shall be requested for each notice so mailed.
4.] 3. If the address of any such person is unknown, the notice [shall] must be mailed by registered or certified mail to [such] that person at the county seat of the county in which the court is held, and [an affidavit of] the trustee shall [be filed] file his affidavit showing that [such] the address is unknown [,] and stating what efforts he has made to learn the address.
κ1983 Statutes of Nevada, Page 671 (CHAPTER 273, SB 163)κ
person at the county seat of the county in which the court is held, and [an affidavit of] the trustee shall [be filed] file his affidavit showing that [such] the address is unknown [,] and stating what efforts he has made to learn the address.
Sec. 5. 1. NRS 134.230, 134.240 and 134.250 are hereby repealed.
2. NRS 145.100 is hereby repealed.
Sec. 6. Section 2 and subsection 2 of section 5 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Senate Bill No. 411Committee on Finance
CHAPTER 274
AN ACT relating to capital improvements; amending the authorization for the department of wildlife; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 4 of chapter 732, Statutes of Nevada 1981, at page 1826, is hereby amended to read as follows:
Sec. 4. 1. The state public works board is authorized to utilize $333,375 of the money of the department of wildlife to carry out a program of capital improvements for the department of wildlife, which includes:
Improving domestic water and replacing canopies at Gallagher ............................................................................................... $242,000
Energy improvements at its headquarters in Elko................ 24,000
Planning for a new hatchery in Mason Valley...................... 22,000
Improvements to its Reno office............................................. 45,375
The state public works board shall not proceed with this program of capital improvements until it has received a resolution from the department of wildlife requesting the work to be accomplished.
2. The department of wildlife may request the approval of the interim finance committee for the use of the money of the department of wildlife for fencing at Lake Mead.
3. The state public works board may utilize any money remaining from the projects described in subsection 1, for the following projects:
Improving the Gallagher fish hatchery................................ $55,000
Constructing a facility for fuel in southern Nevada.......... 25,000
The state public works board shall not proceed with this program of capital improvements until it has received a resolution from the department of wildlife requesting the work to be accomplished.
κ1983 Statutes of Nevada, Page 672 (CHAPTER 274, SB 411)κ
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 379Committee on Finance
CHAPTER 275
AN ACT relating to motor vehicle carriers; raising certain administrative and inspection fees to support increased enforcement by the motor carrier division of the department of motor vehicles and the transportation division of the public service commission of Nevada; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.516 is hereby amended to read as follows:
706.516 1. In lieu of the license fees set forth in NRS 706.506, the department may, when it is satisfied that adequate records are or will be maintained by the applicant or that the applicant has a history of compliance with the provisions of this chapter, authorize any common, contract or private carrier who operates vehicles across the boundaries of the state, to pay a mileage fee upon all mileage traveled by motor vehicle within the State of Nevada in the statutory licensing period at a rate of 2.25 cents per mile traveled in that period. Motor vehicles of 5,000 pounds or less, unladened weight do not have this option.
2. In addition to the fee per mile set forth in subsection 1, each applicant must pay to the department an administrative fee of [$7] $8 for each motor vehicle qualified to operate in Nevada under this section. The fee is nonrefundable. The department shall issue an identifying device for each such vehicle.
Sec. 2. NRS 706.536 is hereby amended to read as follows:
706.536 1. In addition to the fees provided in NRS 706.506 to 706.526, inclusive, the department shall collect the additional sum of [$2] $3 for:
(a) Each original identifying device issued on an annual basis for motor vehicles under the provisions of NRS 706.506 to 706.526, inclusive;
(b) Each original identifying device issued on an annual basis under the provisions of NRS 706.521 and 706.526.
2. All money collected pursuant to this section must be deposited with the state treasurer to the credit of the motor vehicle fund, to be used to defray the costs incurred pursuant to NRS 706.176.
Sec. 3. 1. The legislature intends by increasing the administrative fee provided in subsection 2 of NRS 706.516 that the additional revenue produced by this increase be used to support additional personnel in the motor carrier division of the department of motor vehicles for the purpose of increasing inspections and the enforcement of safety requirements pertaining to motor carriers.
κ1983 Statutes of Nevada, Page 673 (CHAPTER 275, SB 379)κ
2. The legislature intends by increasing the inspection fee provided in NRS 706.536 that the additional revenue produced by this increase be used to support additional personnel in the transportation and audit divisions of the public service commission of Nevada for the purpose of providing more effective and timely regulation of the rates and tariffs of motor carriers.
________
Senate Bill No. 240Committee on Finance
CHAPTER 276
AN ACT authorizing the state gaming control board to expend money from the investigative fund for the purchase of certain testing equipment; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The state gaming control board is hereby authorized to expend from money accumulated in the investigative fund created by NRS 463.331 the sum of $85,550 for the purchase of equipment for the testing of electronic gaming devices.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 314Committee on Judiciary
CHAPTER 277
AN ACT relating to battery; including jailers and other correctional officers of city or county jails as officers as to whom the penalty is enhanced; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) Battery means any willful and unlawful use of force or violence upon the person of another.
(b) Child means a person less than 18 years of age.
(c) Officer means:
(1) A peace officer as defined in NRS 169.125;
(2) A person employed in a full-time salaried occupation of firefighting for the benefit or safety of the public; [or]
(3) A member of a volunteer fire department [.] ; or
κ1983 Statutes of Nevada, Page 674 (CHAPTER 277, SB 314)κ
(4) A jailer, guard, matron or other correctional officer of a city or county jail.
2. Any person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in NRS 197.090, for a misdemeanor.
(b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a gross misdemeanor.
(c) If the battery is committed upon an officer and:
(1) The officer was performing his duty;
(2) The officer suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(d) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years and may be further punished by a fine of not more than $10,000.
(e) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(f) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 2 years nor more than 20 years.
________
Senate Bill No. 319Senator Robinson (by request)
CHAPTER 278
AN ACT relating to barbers; providing for biennial renewal of certificates of registration; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 643.140 is hereby amended to read as follows:
643.140 1. Every registered barber and every registered apprentice who continues in active practice or service shall [annually,] biennially, on or before April 1 of each even-numbered year, renew his certificate of registration and pay the required fee.
κ1983 Statutes of Nevada, Page 675 (CHAPTER 278, SB 319)κ
certificate of registration and pay the required fee. The board shall fix the [annual renewal license fee, which shall] fee for renewal of a license, which must not be more than [$20.] $40. Every certificate of registration which has not been renewed [during the month of April in any year expires on May 1 in that year.] before May 1 of any even-numbered year expires on that date.
2. A registered barber or a registered apprentice whose certificate of registration has expired may have his certificate restored immediately upon payment of the required restoration fee at any time within 2 years after the expiration of his certificate of registration. The board shall fix the restoration fee, which [shall] must not be more than [$40.] $80.
________
Senate Bill No. 398Committee on Finance
CHAPTER 279
AN ACT making an appropriation from the state general fund to the legislative fund.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $250,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 400Committee on Judiciary
CHAPTER 280
AN ACT relating to arbitration; providing for the use of discovery in arbitration proceedings; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 38 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The arbitration or arbitrators may provide for discovery pursuant to the Nevada Rules of Civil Procedure.
________
κ1983 Statutes of Nevada, Page 676κ
Assembly Bill No. 175Committee on Education
CHAPTER 281
AN ACT relating to the commission on professional standards in education; extending the existence of the commission and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 4 of chapter 538, Statutes of Nevada 1979, as amended by chapter 374, Statutes of Nevada 1981, at page 684, is hereby amended to read as follows:
Sec. 4. This act expires by limitation on July 1, [1983.] 1985.
________
Assembly Bill No. 176Committee on Education
CHAPTER 282
AN ACT relating to the department of education; providing for the disposition of money received from fees for the issuance of certificates; making an appropriation to the department for the processing of accumulated fingerprint cards by the Federal Bureau of Investigation; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.040 is hereby amended to read as follows:
391.040 1. The state board of education may fix fees of not less than $3 for the issuance and renewal of certificates. Fees for issuing duplicate certificates are the same as for issuing the originals.
2. The portion of each fee which represents the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant must be deposited with the state treasurer for credit to the appropriate account of the department of education. The remaining portion of the money received from the fees [shall] must be paid into the state general fund.
Sec. 2. There is hereby appropriated from the state general fund to the educational administration account of the department of education the sum of $44,100 to pay the Federal Bureau of Investigation to process the accumulated fingerprint cards of applicants for certification as teachers.
________
κ1983 Statutes of Nevada, Page 677κ
Assembly Bill No. 197Committee on Ways and Means
CHAPTER 283
AN ACT making a supplemental appropriation to the department of economic development for support of The Nevada Magazine; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of economic development the sum of $98,000 for support of The Nevada Magazine. This appropriation is additional and supplemental to that allowed and made by section 10 of chapter 709, Statutes of Nevada 1981.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 583Committee on Government Affairs
CHAPTER 284
AN ACT relating to counties; authorizing the acquisition and operation of cemeteries; providing for the conveyance of property used as a cemetery; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A board of county commissioners may, by any lawful means, acquire, control, maintain, enlarge or abolish cemeteries.
2. A board of county commissioners may convey any real property of the county that is used as a cemetery to any nonprofit charitable or civic organization for the purpose of maintaining a cemetery thereon, but only after a public hearing. The conveyance may be made on such additional terms and conditions as the board deems proper.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 678κ
Assembly Bill No. 551Committee on Judiciary
CHAPTER 285
AN ACT relating to public administrators; allowing public administrators in small counties to secure execution of their duties with their official bonds to the extent of the bond; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 253.040 is hereby amended to read as follows:
253.040 1. Public administrators are authorized to administer on the estates of any deceased persons in any cases where by law they are entitled to administer by virtue of their office, and [shall be] are required to make formal application for letters of administration, and , except as otherwise provided in this section, file and have approved a bond, payable to the State of Nevada, in all estates where the estimated value of the personal property [shall exceed] exceeds the sum of $500 . [; but the] The bond of any public administrator may be increased as provided [in this chapter or elsewhere in NRS.] by law.
2. Except as provided in subsection 3, in counties having a population of 100,000 or more, the public administrator shall execute a bond to the State of Nevada in the amount of $100,000 , [. Such bond shall be] conditioned that the public administrator will faithfully execute the duties of the trust according to law for each estate for which letters of administration have been issued to [any such public administrator] him to an aggregate value of such estates of $100,000, or a separate bond for each estate in the manner prescribed by NRS 142.020.
3. The public administrator shall, in counties having a population of 100,000 or more, execute a separate bond, conditioned that he will faithfully execute the duties of the trust, for each [such] estate determined by the court to have a value in total assets exceeding $25,000.
4. In counties having a population of less than 100,000, the official bond given pursuant to NRS 253.020 may secure the faithful execution of the public administrators duties for all estates for which he has been issued letters of administration if the aggregate value of all the estates does not exceed the amount of his bond. The court may require the public administrator to execute a separate bond for any estate in the manner prescribed in NRS 142.020.
________
κ1983 Statutes of Nevada, Page 679κ
Senate Bill No. 182Committee on Commerce and Labor
CHAPTER 286
AN ACT relating to collection agencies; authorizing the superintendent of banks to require additional information from an applicant for a license; increasing the amount of the bond required of applicants; changing the experience required for a managers certificate; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 649.095 is hereby amended to read as follows:
649.095 1. [Application] An application for a license [shall be made] must be in writing [to] and filed with the superintendent on a form provided for that purpose.
2. The application [shall] must state:
(a) The name of the applicant [together with] and the name under which the applicant does business or expects to do business.
(b) The [full business] address of the applicants business and residence, including street and number.
(c) The character of the business sought to be carried on.
(d) The locations by street and number where the [same is intended to] business will be transacted.
(e) In the case of a firm or partnership, the full names and [residence] residential addresses of all members or partners and the name and [residence] residential address of the manager.
(f) In the case of a corporation or voluntary association, the name and [residence] residential address of each of the directors and officers [, as well as] and the name and [residence] residential address of the manager.
(g) Any other information reasonably related to the applicants qualifications for the license which the superintendent determines to be necessary.
3. The application [shall] must be subscribed by the applicant and [duly] acknowledged . [as required for deeds to be recorded.]
4. [Every application for a license under this chapter shall be accompanied by the fee required by NRS 649.295.
5.] Every applicant may be examined concerning his competency, experience, character and qualifications by the superintendent of banks or his authorized agent, and if [such] the examination reveals that the applicant lacks any of the [enumerated] required qualifications, issuance of the license [may] must be denied. Every application [shall] must have attached to it a financial statement showing the assets, liabilities and net worth of the applicant.
Sec. 2. NRS 649.105 is hereby amended to read as follows:
649.105 1. [The] An applicant for a license shall file with the superintendent, concurrently with the application , [for license,] a bond in the sum of [$10,000,] $25,000, or an appropriate substitute pursuant to NRS 649.119, which must run to the State of Nevada. The bond must be made and executed by the principal and a surety company authorized to write bonds in the State of Nevada.
κ1983 Statutes of Nevada, Page 680 (CHAPTER 286, SB 182)κ
bond must be made and executed by the principal and a surety company authorized to write bonds in the State of Nevada.
2. The bonds must be conditioned:
(a) That the principal, who must be the applicant and who must have been a resident of the State of Nevada for at least 6 months before the application, [shall,] must, upon demand in writing, pay [and turn over to or for the use of] any customer from whom any claim [is taken or received] for collection is received, the proceeds of the collection, in accordance with the terms of the agreement made between the principal and the customer; and
(b) That the principal [will] must comply with all requirements of this or any other statute with respect to the duties, obligations and liabilities of collection agencies.
Sec. 3. NRS 649.196 is hereby amended to read as follows:
649.196 1. Except as otherwise provided in NRS 649.425, each applicant for a managers certificate [shall:] must:
(a) Be a citizen of the United States or lawfully entitled to remain and work in the United States.
(b) Be 21 years of age.
(c) Be of good moral character and not have been convicted of any crime involving moral turpitude.
(d) Not have committed any of the acts specified in NRS 649.215.
(e) [Have] Submit evidence of having had not less than 2 years full-time experience with a collection agency in the collection of [assigned accounts of which at] accounts assigned by creditors who were not affiliated with the collection agency except as assignors of accounts. At least 1 year [is] of the 2 years of experience must have been within the 18-month period preceding the date of filing the application.
(f) Pass the examination provided for.
(g) Pay the required fees.
(h) Submit three recent photographs and three sets of fingerprints in such form as the superintendent prescribes.
(i) Submit such other information reasonably related to his qualifications for the managers certificate as the superintendent determines to be necessary.
2. The superintendent , without a hearing, may refuse to issue a managers certificate [without a hearing] if the applicant does not meet the requirements of paragraphs (a), (b), or (e) to [(h),] (i), inclusive, of subsection 1.
3. If the superintendent refuses to issue a managers certificate under this section, he shall notify the applicant in writing by certified mail stating the reasons for [such] the refusal.
________
κ1983 Statutes of Nevada, Page 681κ
Senate Bill No. 117Committee on Judiciary
CHAPTER 287
AN ACT relating to prisons; allowing employees of the department of prisons to intercept telephone calls of offenders in an institution; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.620 is hereby amended to read as follows:
200.620 1. Except as otherwise provided in NRS 179.410 to 179.515, inclusive, and section 2 of this act, it is unlawful for any person to intercept or attempt to intercept any wire communication unless:
(a) [Such] The interception or attempted interception is made with the prior consent of one of the parties to the communication; and
(b) An emergency situation exists [wherein] and it is impractical to obtain a court order as required by NRS 179.410 to 179.515, inclusive, [prior to] before the interception, in which event the interception is subject to the [ratification] requirements of subsection 3. If the application for ratification is denied, any use or disclosure of the information so intercepted is unlawful, and the person who made the interception shall notify the sender and the receiver of the communication that [such] :
(1) The communication was intercepted; and [that, upon]
(2) Upon application to the court, ratification of [such] the interception was denied.
2. This section does not apply to any person, or to the officers, employees or agents of any person, engaged in the business of providing service and facilities for such communication where the interception or attempted interception is [for the purpose of construction, maintenance, conduct or operation of] to construct, maintain, conduct or operate the service or facilities of [such] that person.
3. Any person who has made an interception in an emergency situation as provided in paragraph (b) of subsection 1 shall, within 72 hours of the interception, make a written application to a justice of the supreme court or district judge for ratification of [such] the interception. The interception must not be ratified unless the applicant shows [:] that:
(a) [That an] An emergency situation existed [wherein] and it was impractical to obtain a court order [prior to] before the interception; and
(b) [That, except] Except for the absence of a court order, the interception met the requirements of NRS 179.410 to 179.515, inclusive.
4. NRS 200.610 to 200.690, inclusive, do not prohibit the recording, and NRS 179.410 to 179.515, inclusive, do not prohibit the reception in evidence, of conversations on [a] wire communications [facility] installed in the office of an official law enforcement or firefighting agency, if the equipment used for the recording is installed in a [communications facility, or on a directory-listed telephone number,] facility for wire communications or on a telephone with a number listed in a directory, on which emergency calls or requests by a person [or persons] for response by the law enforcement or firefighting agency are likely to be received.
κ1983 Statutes of Nevada, Page 682 (CHAPTER 287, SB 117)κ
[facility] installed in the office of an official law enforcement or firefighting agency, if the equipment used for the recording is installed in a [communications facility, or on a directory-listed telephone number,] facility for wire communications or on a telephone with a number listed in a directory, on which emergency calls or requests by a person [or persons] for response by the law enforcement or firefighting agency are likely to be received. In addition, [such] those sections do not prohibit the recording or reception in evidence of conversations initiated by the law enforcement or firefighting agency from such [communications] a facility or [directory-listed number] telephone in connection with responding to the original call or request, if the agency informs the other party that the conversation is being recorded.
Sec. 2. Chapter 209 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Communications made by an offender on any telephone in an institution to any person outside the institution may be intercepted if:
(a) The interception is made by an authorized employee of the department; and
(b) Signs are posted near all telephones in the institution indicating that communications may be intercepted.
2. The director shall provide notice or cause notice to be provided to both parties to a communication which is being intercepted pursuant to subsection 1, indicating that the communication is being intercepted. For the purposes of this section, a periodic sound which is heard by both parties during the communication shall be deemed notice to both parties that the communication is being intercepted.
3. The director shall adopt regulations providing for an alternate method of communication for those communications by offenders which are confidential.
4. A communication made by an offender is confidential if it is made to:
(a) A federal or state officer.
(b) A local governmental officer who is at some time responsible for the custody of the offender.
(c) An officer of any court.
(d) An attorney who has been admitted to practice law in any state or is employed by a recognized agency providing legal assistance.
(e) A reporter or editorial employee of any organization that reports general news including, but not limited to, any wire service or news service, newspaper, periodical, press association or radio or television station.
(f) The director.
(g) Any other employee of the department whom the director may, by regulation, designate.
5. Reliance in good faith on a request or order from the director or his authorized representative constitutes a complete defense to any action brought against any public utility intercepting or assisting in the interception of communications made by offenders pursuant to subsection 1.
κ1983 Statutes of Nevada, Page 683 (CHAPTER 287, SB 117)κ
interception of communications made by offenders pursuant to subsection 1.
________
Senate Bill No. 305Committee on Commerce and Labor
CHAPTER 288
AN ACT relating to insurers; providing a procedure for a foreign insurer to become a domestic insurer and for a domestic insurer to become a foreign insurer; specifying the consequences of a transfer of domicile; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 679A.090 is hereby amended to read as follows:
679A.090 1. A domestic insurer is one [formed] :
(a) Formed under the laws of Nevada [.] , unless it has converted into a foreign insurer; or
(b) Which has converted into a domestic insurer.
2. A foreign insurer is one [formed] :
(a) Formed under the laws of any jurisdiction other than this state [.] , unless it has converted into a domestic insurer; or
(b) Which has converted into a foreign insurer.
3. An alien insurer is one formed under the laws of any country other than the United States of America or any of its states.
4. Except where distinguished by context, foreign insurer includes also alien insurer.
Sec. 2. Chapter 680A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 5, inclusive, of this act.
Sec. 3. A foreign insurer with a certificate of authority to transact insurance in this state may become a domestic insurer by complying with the requirements of this code for forming a domestic insurer of the same type. After complying with those requirements, the insurer has the same rights and obligations as other domestic insurers.
Sec. 4. 1. If a domestic insurer transfers its domicile to another state, it ceases to be a domestic insurer.
2. The commissioner shall issue to such an insurer a certificate of authority to transact insurance as a foreign insurer if:
(a) The insurer qualifies as a foreign insurer; and
(b) Such certification is in the best interest of the policyholders of this state.
Sec. 5. 1. The commissioner may require a domestic insurer which converts to a foreign insurer or a foreign insurer which converts to a domestic insurer to:
(a) Obtain new licenses for its agents;
(b) Make new appointments of agents; or
(c) Apply for any other new license, certificate or authorization.
Any license, appointment or authorization which the commissioner does not require an insurer to renew continues in effect after the conversion.
κ1983 Statutes of Nevada, Page 684 (CHAPTER 288, SB 305)κ
does not require an insurer to renew continues in effect after the conversion.
2. All policies of an insurer remain in effect when it transfers its domicile into or out of this state. The commissioner may require that the insurer endorse the policies with its new name or location.
3. Every insurer which transfers its domicile into or out of this state shall notify the commissioner at least 30 days before the transfer. Such an insurer shall file new forms for its policies and any other documents required by the commissioner with the commissioner on or before the effective date of the transfer. The insurer may use existing forms if approved by and under the conditions imposed by the commissioner.
Sec. 6. NRS 680A.060 is hereby amended to read as follows:
680A.060 1. No person [shall] may act as an insurer and no insurer [shall] may transact insurance in this state by mail or otherwise, except as authorized by a certificate of authority issued by the commissioner and then in full force , [and effect,] and except as to such transactions as are expressly otherwise provided in this code.
2. No [insurer formed under the laws of this state,] domestic insurer and no foreign insurer from offices or by personnel or facilities located in this state, [shall] may solicit insurance applications or otherwise transact insurance in another state or country unless it holds a subsisting certificate of authority granted to it by the commissioner authorizing it to transact the same kind or kinds of insurance in this state.
3. Any officer, director, agent, representative or employee of any insurer who willfully authorizes, negotiates, makes or issues any insurance contract in violation of this section is guilty of a misdemeanor.
________
Senate Bill No. 295Committee on Taxation
CHAPTER 289
AN ACT relating to property tax; allowing an assessment of overlooked real property as personal property without the consent of the taxpayer; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.355 is hereby amended to read as follows:
361.355 Any person, firm, company, association or corporation, claiming overvaluation or excessive valuation of its real or secured personal property in the state, whether assessed by the Nevada tax commission or by the county assessor or assessors, by reason of undervaluation for taxation purposes of the property of any other person, firm, company, association or corporation within any county of the state or by reason of any such property not being so assessed, shall appear before the county board of equalization of the county or counties where the undervalued or nonassessed property is located and make complaint concerning it and submit proof thereon.
κ1983 Statutes of Nevada, Page 685 (CHAPTER 289, SB 295)κ
appear before the county board of equalization of the county or counties where the undervalued or nonassessed property is located and make complaint concerning it and submit proof thereon. The complaint and proof must show the name of the owner or owners, the location, the description, and the taxable value of the property claimed to be undervalued or nonassessed.
2. Any person, firm, company, association or corporation wishing to protest the valuation of real or personal property placed on the unsecured tax roll which is assessed between May 1 and December 15 shall likewise appear before the county board of equalization.
3. The county board of equalization forthwith shall examine the proof and all data and evidence submitted by the complainant, together with any evidence submitted thereon by the county assessor or any other person. If the county board of equalization determines that the complainant has just cause for making the complaint it shall immediately make such increase in valuation of the property complained of as conforms to its taxable value, or cause [such] the property to be placed on the assessment roll at its taxable value, as the case may be, and make proper equalization thereof.
4. Except as provided in subsection 4 and NRS 361.403, any such person, firm, company, association or corporation [failing] who fails to make a complaint and submit proof to the county board of equalization of each county wherein it is claimed property is undervalued or nonassessed as provided in this section, is not entitled to file a complaint with, or offer proof concerning that undervalued or nonassessed property to, the state board of equalization.
5. If the fact that there is such undervalued or nonassessed property in any county has become known to the complainant after the final adjournment of the county board of equalization of that county for that year, the complainant may file his complaint no later than the 4th Monday of February with the state board of equalization and submit its proof as provided in this section at a session of the state board of equalization, upon complainant proving to the satisfaction of the state board of equalization it had no knowledge of [such] the undervalued or nonassessed property [prior to] before the final adjournment of the county board of equalization. The state board of equalization shall proceed in the matter in like manner as provided in this section for a county board of equalization in such case, and cause its order thereon to be certified to the county auditor with direction therein to change the assessment roll accordingly.
Sec. 2. NRS 361.360 is hereby amended to read as follows:
361.360 1. Any taxpayer aggrieved at the action of the county board of equalization in equalizing, or failing to equalize, the value of his property, or property of others, or a county assessor, may file an appeal with the state board of equalization no later than the 4th Monday of February and present to the state board of equalization the matters complained of at one of its sessions.
2. All such appeals must be presented upon the same facts and evidence as were submitted to the county board of equalization in the first instance, unless there is discovered new evidence pertaining to the matter which could not, by due diligence, have been discovered [prior to] before the final adjournment of the county board of equalization.
κ1983 Statutes of Nevada, Page 686 (CHAPTER 289, SB 295)κ
instance, unless there is discovered new evidence pertaining to the matter which could not, by due diligence, have been discovered [prior to] before the final adjournment of the county board of equalization.
3. Any taxpayer whose real or personal property placed on the unsecured tax roll was assessed after December 15 but before or on the following April 30 may likewise protest to the state board of equalization, which shall meet before May 31 to hear these protests. Every such appeal must be filed on or before May 15.
Sec. 3. NRS 361.770 is hereby amended to read as follows:
361.770 1. [Any law of the State of Nevada to the contrary notwithstanding, if] If real property is overlooked [and] or not [listed] assessed on the secured assessment roll for any year and [such] the roll has been closed [and] or accounted for, [and the owner of the property so requests,] the county assessor of any county wherein [such] the property is located [is authorized to] may assess [such] the property as personal property and [to] give his receipt for the taxes paid thereon in the amount received by him. If the amount of the taxes exceeds $100, they may be paid in quarterly installments as provided in NRS 361.483.
2. [Such] An assessment may be made at any time within 1 year after the time when [such] the property would normally have been assessed on the real property roll, and the receipt issued by the county assessor [shall] must specify the description of the property, together with the year for which the tax is paid.
3. [Such] The receipt issued by the county assessor [shall be] is conclusive evidence for the payment of all taxes against the property described for the year named on the receipt and [shall be] is a complete defense to any action for taxes which may be brought for the period covered by the receipt.
________
Senate Bill No. 105Committee on Natural Resources
CHAPTER 290
AN ACT relating to the state multiple use advisory committee on federal lands; clarifying that its members serve for fixed terms; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.153 is hereby amended to read as follows:
232.153 1. Members of the committee [shall serve at the governors pleasure and] are entitled to receive a salary of $60 for each days attendance at a meeting of the committee and the per diem allowances and travel expenses provided by law.
2. A member of the committee may appoint an alternate, subject to the approval of the governor, and the alternative is entitled to the salary and the per diem allowances and travel expenses provided in subsection 1 when actually performing duties as alternate in the place of a regular member.
κ1983 Statutes of Nevada, Page 687 (CHAPTER 290, SB 105)κ
to the approval of the governor, and the alternative is entitled to the salary and the per diem allowances and travel expenses provided in subsection 1 when actually performing duties as alternate in the place of a regular member.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 189Senators Wagner, Glaser, Wilson, Gibson and Townsend
CHAPTER 291
AN ACT relating to easements for conservation; adopting the substance of the Uniform Conservation Easement Act; and providing other matters properly relating thereto.
[Approved May 13, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 111 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. The general purpose of sections 3 to 7, inclusive, of this act is to make uniform the law of those states which enact the Uniform Conservation Easement Act or provisions substantially similar to that act.
Sec. 3. 1. Sections 2 to 7, inclusive, apply to any interest in real property created:
(a) On or after July 1, 1983, which complies with those sections, whether designated as an easement for conservation or as a covenant, equitable servitude, restriction, easement or otherwise; or
(b) Before July 1, 1983, if the interest would have been enforceable had it been created after July 1, 1983, except that the interest is not enforceable against a bona fide purchaser of the real property for value or the holder of an encumbrance on real property if:
(1) The purchase or encumbrance of the real property was made after the easement for conservation was created but before July 1, 1983; and
(2) The easement for conservation was not enforceable at the time of the purchase or encumbrance of the real property under other law of this state.
2. Those sections do not invalidate any interest in real property whether designated as an easement for conservation or preservation or as a covenant, equitable servitude, restriction, easement or otherwise, which is enforceable under other law of this state.
Sec. 4. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires:
1. Easement for conservation means a nonpossessory interest of a holder in real property, which imposes limitations or affirmative obligations and:
κ1983 Statutes of Nevada, Page 688 (CHAPTER 291, SB 189)κ
(a) Retains or protects natural, scenic or open-space values of real property;
(b) Assures the availability of real property for agricultural, forest, recreational or open-space use;
(c) Protects natural resources;
(d) Maintains or enhances the quality of air or water; or
(e) Preserves the historical, architectural, archeological or cultural aspects of real property.
2. Holder means:
(a) A governmental body empowered to hold an interest in real property; or
(b) A charitable corporation, charitable association or charitable trust which has among its powers or purposes to:
(1) Retain or protect the natural, scenic or open-space values of real property;
(2) Assure the availability of real property for agricultural, forest, recreational or open-space use;
(3) Protect natural resources;
(4) Maintain or enhance the quality of air or water; or
(5) Preserve the historical, architectural, archeological or cultural aspects of real property.
3. Right of enforcement by a third person means a right provided in an easement for conservation to enforce any of the easements terms granted to a governmental body, charitable corporation, charitable association or charitable trust who is not a holder of the easement although qualified to be one.
Sec. 5. 1. Except as otherwise provided in sections 3 to 7, inclusive, of this act, an easement for conservation may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements.
2. No right or duty in favor of or against a holder and no right of enforcement in favor of a third person arises under an easement for conservation before it is accepted by the holder and the acceptance is recorded.
3. An easement for conservation is unlimited in duration unless:
(a) The instrument creating it otherwise provides; or
(b) A court orders that the easement be terminated or modified, according to subsection 2 of section 6 of this act.
4. An interest in real property existing at the time the easement for conservation is created is not impaired by the easement unless the owner of the interest is a party to the easement or consents to it.
Sec. 6. 1. An action affecting an easement for conservation may be brought by:
(a) An owner of an interest in the real property burdened by the easement;
(b) A holder of the easement;
(c) A third person with a right of enforcement; or
(d) A person authorized by other law.
2. Sections 2 to 7, inclusive, of this act do not affect the power of a court to modify or terminate an easement for conservation in accordance with the principles of law and equity.
κ1983 Statutes of Nevada, Page 689 (CHAPTER 291, SB 189)κ
a court to modify or terminate an easement for conservation in accordance with the principles of law and equity.
Sec. 7. An easement for conservation is valid even though:
1. It is not appurtenant to an interest in real property;
2. It can be or has been assigned to another holder;
3. It is not of a character that has been recognized traditionally at common law;
4. It imposes a negative burden;
5. It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
6. The benefit does not touch or concern real property; or
7. There is no privity of estate or of contract.
________
Senate Bill No. 261Committee on Finance
CHAPTER 292
AN ACT relating to the secretary of state; increasing fees for filing certain documents with the secretary of state; removing prohibitions against charging fees for certain filings; requiring nonprofit corporations to file annual lists of their officers, directors and resident agent; authorizing the collection of fees for the filing of those lists; removing references to commodity options in the law relating to securities; providing penalties; and providing other matters properly relating thereto.
[Approved May 14, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 78.150 is hereby amended to read as follows:
78.150 1. [Beginning on January 1, 1981, each] Each corporation organized under the laws of this state shall, on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the secretary of state a list of its officers and directors and a designation of its resident agent in this state, certified by the president, secretary or other officer of the corporation.
2. Upon filing the list of officers and directors and designation of resident agent, the corporation shall pay to the secretary of state a fee of [$20.] $30.
3. The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each corporation required to comply with the provisions of NRS 78.150 to 78.190, inclusive, and which has not become delinquent, the blank forms to be completed and filed with the secretary of state. Failure of any corporation to receive the forms does not excuse [the corporation] it from the penalty imposed by law.
Sec. 3. NRS 78.155 is hereby amended to read as follows:
78.155 When the annual fee for filing the list of officers and directors and designation of resident agent has been paid, [the secretary of state shall issue to each corporation paying the fee] the canceled check received by the corporation constitutes a certificate authorizing it to transact [and conduct] its business within this state until the anniversary date of [the corporations] its incorporation in the next succeeding calendar year.
κ1983 Statutes of Nevada, Page 690 (CHAPTER 292, SB 261)κ
state shall issue to each corporation paying the fee] the canceled check received by the corporation constitutes a certificate authorizing it to transact [and conduct] its business within this state until the anniversary date of [the corporations] its incorporation in the next succeeding calendar year. [The certificate must contain the name of the corporation, the amount of the fee paid and penalties, if any, and must recite the fact that the corporation has filed its list of officers and directors and its designation of resident agent.] If the corporation desires a formal certificate upon its payment of the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.
Sec. 4. NRS 78.160 is hereby amended to read as follows:
78.160 [1.] Each corporation organized under the laws of this state shall, within 60 days after the filing of its articles of incorporation with the secretary of state:
[(a)] 1. File a list of its officers and directors, a designation of its resident agent, and a certificate of acceptance signed by the resident agent. The address of the resident agent [shall] must be the same as that of the principal office.
[(b)] 2. Pay to the secretary of state a fee of [$20.] $30.
[(c)] 3. File a copy of the designation of resident agent in the office of the county clerk of the county in which the principal office of the corporation in this state is located.
[2. Annually the corporation shall file a list of its officers and directors and pay the fee prescribed by law.]
Sec. 5. NRS 78.170 is hereby amended to read as follows:
78.170 1. Each corporation required to make the filings and pay the fee provided in NRS 78.150 to 78.190, inclusive, which refuses or neglects to do so within the time provided shall be deemed in default.
2. For default there shall be added to the amount of the fee a penalty of [$5,] $10, and unless the filings are made and the fee and penalty are paid on or before the 1st day of the 9th month following the month in which filing was required, the defaulting corporation shall, by reason of its default, forfeit:
(a) The amount of the [tax] fee and penalty to the State of Nevada; and
(b) Its right to transact any business within this state.
The fee and penalty shall be collected as provided in this chapter.
Sec. 6. NRS 78.760 is hereby amended to read as follows:
78.760 1. The fee for filing articles of incorporation or agreements of consolidation providing for shares is [provided] prescribed in the following schedule:
[Amount] If the amount represented by the total number of shares provided for in the articles [of incorporation] or [the] agreement [of consolidation:] is:
$25,000 or less............................................................................................ [$50] $75
Over $25,000 and not over $75,000........................................................... [75] 100
Over $75,000 and not over $200,000....................................................... [115] 150
Over $200,000 and not over $500,000..................................................... [175] 250
Over $500,000 and not over $1,000,000.................................................. [250] 300 Over $1,000,000:
κ1983 Statutes of Nevada, Page 691 (CHAPTER 292, SB 261)κ
Over $1,000,000:
For the first $1,000,000............................................................ [$250] $300
For each additional $500,000 or fraction thereof................. [125] 150
2. The maximum fee which may be charged under this section is $25,000 for:
(a) The original filing of articles of incorporation or agreements of consolidation.
(b) A subsequent filing of any instrument which authorizes an increase in capital stock.
3. For the purposes of computing the filing fees according to the schedule in subsection 1, the amount represented by the total number of shares provided for in the articles of incorporation or the agreement of consolidation is:
(a) The aggregate par value of the shares, if only shares with a par value are therein provided for;
(b) The product of the number of shares multiplied by $10, regardless of any lesser amount prescribed as the value or consideration for which shares may be issued and disposed of, if only shares without par value are therein provided for; or
(c) The aggregate par value of the shares with a par value plus the product of the number of shares without par value multiplied by $10, regardless of any lesser amount prescribed as the value or consideration for which the shares without par value may be issued and disposed of, if shares with and without par value are therein provided for.
The value of a corporate share must not be less than one-tenth of a cent.
Sec. 7. NRS 78.765 is hereby amended to read as follows:
78.765 1. The fee for filing a certificate of amendment [of] to a certificate of incorporation [increasing the] in order to increase the corporations authorized capital stock [of a corporation shall be in an amount equal to] is the difference between the fee computed at the rates specified in NRS 78.760 upon the total authorized capital stock of the corporation, including the proposed increase, and the fee computed at the rates specified in NRS 78.760 upon the total authorized capital, excluding the proposed increase.
2. In no case [shall] may the amount be less than [$25.] $50.
Sec. 8. NRS 78.767 is hereby amended to read as follows:
78.767 The fee for filing restated articles of incorporation is [$50.] $75.
Sec. 9. NRS 78.770 is hereby amended to read as follows:
78.770 1. The fee for filing a certificate of consolidation or merger of two or more domestic corporations [shall be an amount equal to] is the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized capital stock of the corporation created by the consolidation or merger and the fee so computed upon the aggregate amount of the total authorized capital stock of the constituent corporations.
2. The fee for filing a certificate of consolidation or merger of one or more domestic corporations with one or more foreign corporations [shall be an amount equal to] is the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized capital stock of the corporation created by the consolidation or merger and the fee so computed upon the aggregate amount of the total authorized capital stock of the constituent corporations which have paid fees as required by NRS 78.760 and 80.050.
κ1983 Statutes of Nevada, Page 692 (CHAPTER 292, SB 261)κ
[shall be an amount equal to] is the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized capital stock of the corporation created by the consolidation or merger and the fee so computed upon the aggregate amount of the total authorized capital stock of the constituent corporations which have paid fees as required by NRS 78.760 and 80.050.
3. In no case [shall] may the amount be paid be less than [$25,] $50, and in no case [shall] may the amount paid pursuant to subsection 2 exceed [the sum of] $25,000.
Sec. 10. NRS 78.775 is hereby amended to read as follows:
78.775 The fee for filing : [an]
1. An amended certificate of incorporation before payment of capital and not involving an increase of authorized capital stock ; [, or an]
2. An amendment to the certificate of incorporation not involving an increase of authorized capital stock ; [, or a]
3. A certificate of reduction of capital [, or a] ; or
4. A certificate of retirement of preferred stock, [shall be $20.]
is $50.
Sec. 11. NRS 78.785 is hereby amended to read as follows:
78.785 1. The fee for filing a certificate of change of location of a corporations principal office or resident agent, or a new designation of resident agent following a resignation, death or removal from the state of the resident agent previously designated, is [$5.] $10.
2. The fee for filing a designation of resident agent, other than as provided in NRS 78.160, is [$5.] $25.
3. The fee for certifying articles of incorporation where a copy is provided is $5.
4. The fee for certifying a copy of an amendment to articles of incorporation, or to a copy of the articles as amended where a copy is furnished, is $5.
5. The fee for certifying an authorized printed copy of the general corporation law as compiled by the secretary of state is $5.
6. The fee for certifying the reservation of a corporate name is $5.
7. The fee for executing any certificate not provided for in NRS 78.760 to 78.785, inclusive, is $10.
8. The fee for comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made before certifying, is 20 cents for each folio of 100 words of each document or paper compared.
9. The fee for copies made at the office of the secretary of state from microfiche is $1 per page.
Sec. 12. NRS 80.050 is hereby amended to read as follows:
80.050 1. Foreign corporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized under the laws of this state, but the amount of fees [paid shall] to be charged must not exceed:
(a) The sum of $25,000 for filing documents for initial qualification ; [documents;] or
κ1983 Statutes of Nevada, Page 693 (CHAPTER 292, SB 261)κ
(b) The sum of $25,000 for each subsequent filing of [an amendment] a certificate increasing authorized capital stock.
2. If the corporate documents required to be filed set forth only the total number of shares of stock the corporation is authorized to issue , without reference to value, the authorized shares shall be considered to be without par value and the filing fee [shall] must be computed pursuant to paragraph (b) of subsection [2] 3 of NRS 78.760.
3. The fee for filing a notice of withdrawal from the State of Nevada by a foreign [corporations is $10.] corporation is $25.
Sec. 13. NRS 80.110 is hereby amended to read as follows:
80.110 1. [Beginning on January 1, 1981, each] Each foreign corporation doing business in this state shall, on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the secretary of state a list of its officers and directors and a designation of its resident agent in this state, certified by the president, secretary or other officer of the corporation.
2. Upon filing the list and designation, the corporation shall pay to the secretary of state a fee of [$20.] $30.
3. The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each corporation required to comply with the provisions of NRS 80.110 to 80.180, inclusive, and which has not become delinquent, the blank forms to be completed and filed with the secretary of state. Failure of any corporation to receive the forms does not excuse [the corporation] it from the penalty imposed by the provisions of NRS 80.110 to 80.180, inclusive.
Sec. 14. NRS 80.120 is hereby amended to read as follows:
80.120 When the annual fee for filing a list of officers and directors and designation of resident agent has been paid, [the secretary of state shall issue to each corporation paying the same] the canceled check received by the corporation constitutes a certificate authorizing it to transact [and conduct] its business within this state [for a period of 1 year, and until July 1 of the next succeeding calendar year. Such certificate shall contain the name of the corporation, the amount of the fee paid, and penalties, if any, and shall recite the fact that such corporation has filed its list of officers and directors and its designation of resident agent.] until the anniversary date of its incorporation in the next succeeding calendar year. If the corporation desires a formal certificate upon its payment on the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.
Sec. 15. NRS 80.130 is hereby amended to read as follows:
80.130 [1.] Each foreign corporation coming into this state shall, within 60 days after the filing of its certificate of corporate existence with the secretary of state:
[(a)] 1. File a list of its officers and directors and a designation of its resident agent, and a certificate of acceptance signed by the resident agent .
κ1983 Statutes of Nevada, Page 694 (CHAPTER 292, SB 261)κ
of its resident agent, and a certificate of acceptance signed by the resident agent . [designated.] The address of the resident agent [shall] must be the same as that of the principal office.
[(b)] 2. Pay to the secretary of state a fee therefor of [$20.
2. The corporation shall annually file a list of its officers and directors and designation of resident agent and pay the fee prescribed by law.] $30.
Sec. 16. NRS 80.150 is hereby amended to read as follows:
80.150 1. Any corporation required to make [the] a filing and pay the fee [provided] prescribed in NRS 80.110 to 80.180, inclusive, which refuses or neglects to do so within the time provided, shall be deemed in default.
2. For a default , there [shall be] is added to the amount of the fee a penalty of [$5,] $10, and unless the [filings are] filing is made and the fee and penalty are paid on or before the 1st day of the 2nd month following the month in which the filing was required, the defaulting corporation , [shall,] by reason of its default, [forfeit:] forfeits:
(a) The amount of the [tax] fee and penalty to the State of Nevada; and
(b) Its right to transact any business within this state.
The fee and penalty [shall] must be collected as provided in this chapter.
Sec. 17. Chapter 81 of NRS is hereby amended by adding thereto the provisions set forth as sections 18 to 23, inclusive, of this act.
Sec. 18. 1. Beginning on January 1, 1984, each nonprofit corporation organized under the laws of this state shall, on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the secretary of state a list of its officers and directors and a designation of its resident agent in this state, certified by the president, secretary or other officer of the nonprofit corporation.
2. Upon filing the list of officers and directors and designation of resident agent, the nonprofit corporation shall pay to the secretary of state a fee of $15.
3. The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each nonprofit corporation required to comply with the provisions of this chapter, and which has not become delinquent, the blank forms to be completed and filed with the secretary of state. Failure of any nonprofit corporation to receive the forms does not excuse it from the penalty imposed by section 20 of this act.
Sec. 19. 1. Every list required to be filed under the provisions of this chapter must, after the name of each officer and director listed thereon, set forth his post office box or street address.
2. If such addresses are not thus set forth, the secretary of state may refuse to file the list, and the nonprofit corporation for which the list has been offered for filing is subject to all the provisions of this chapter relating to failure to file such a list, unless the list is subsequently submitted for filing conformably to the provisions of this chapter.
κ1983 Statutes of Nevada, Page 695 (CHAPTER 292, SB 261)κ
Sec. 20. 1. Each nonprofit corporation required to make the filings and pay the fees prescribed in this chapter which refuses or neglects to do so within the time provided shall be deemed in default.
2. For default, there is added to the amount of the fee a penalty of $5, and unless the filing is made and the fee and penalty are paid on or before the 1st day of the 9th month following the month in which the filing was required, the defaulting corporation, by reason of its default, forfeits:
(a) The amount of the fee and penalty to the State of Nevada; and
(b) Its right to transact any business within this state.
The fee and penalty must be collected as provided in this chapter.
Sec. 21. 1. On or before the 15th day of the 3rd month following the month in which filing was required, the secretary of state shall compile a complete list of all defaulting nonprofit corporations, together with the amounts of the filing fees, penalties and costs remaining unpaid.
2. Immediately after the 1st day of the 9th month following the month in which filing was required, the secretary of state shall compile a full and complete list containing the names of all nonprofit corporations whose right to do business has been forfeited. The secretary of state shall forthwith notify the several county clerks in whose offices the articles of incorporation which have been forfeited are on file and shall also, by letter addressed to its president or secretary, notify each nonprofit corporation of the forfeiture of its charter. In case of a reinstatement, the secretary of state shall give immediate notice of that action to the county clerks.
3. If such a forfeiture of a charter and the right to transact business occurs, all the property and assets of the defaulting domestic nonprofit corporation must be held in trust by its directors, as for insolvent corporations, and the same proceedings may be had as are applicable to insolvent corporations. Any interested person may institute those proceedings at any time after a forfeiture has been declared, but if the secretary of state reinstates the charter, the proceedings must be dismissed at once and all property restored to the officers of the nonprofit corporation.
4. If the corporate assets are distributed, they must be applied to:
(a) The payment of the filing fee, penalties and costs due to the state; and
(b) The creditors of the nonprofit corporation.
Any balance remaining must be distributed among the members of the nonprofit corporation.
Sec. 22. 1. Subject to the provisions of subsections 3 and 4, the secretary of state may:
(a) Reinstate any nonprofit corporation which has forfeited its right to transact business under the provisions of this chapter; and
(b) Restore its right to carry on business in this state and exercise its corporate privileges and immunities, upon the filing with him of an affidavit stating the reason for the revocation of its charter, and upon payment to him of all filing fees, fees for licenses, penalties, costs and expenses due and in arrears at the time of the revocation of its charter, and also all filing fees, fees for licenses and penalties which have accrued since the revocation of its charter.
κ1983 Statutes of Nevada, Page 696 (CHAPTER 292, SB 261)κ
and also all filing fees, fees for licenses and penalties which have accrued since the revocation of its charter.
2. When such payment is made and the secretary of state reinstates the nonprofit corporation to its former rights, he shall:
(a) Immediately issue and deliver to the nonprofit corporation a certificate of reinstatement authorizing it to transact business, as if the fees had been paid when due; and
(b) Upon demand, issue to the nonprofit corporation one certified copy of the certificate of reinstatement, which it must file in the office of the county clerk of the county in which its principal place of business is located or in any other county in which it owns, holds or leases property or transacts business. Additional copies may be purchased for $5 each.
3. The secretary of state shall not order a reinstatement of a nonprofit corporation unless the revocation of its charter occurred only by reason of its failure to pay fees, penalties and costs and all its delinquent fees, penalties and costs have been paid.
4. If a corporate charter has been revoked pursuant to the provisions of this chapter and has remained revoked for 10 consecutive years, the charter must not be reinstated.
Sec. 23. If any nonprofit corporation is suspended from doing business under the provisions of this chapter and the name of the corporation is legally acquired by another corporation before the application for reinstatement of the defaulting corporation, it shall, in its application for reinstatement, submit to the secretary of state some other name under which it desires its corporate existence to be reinstated. If that name is sufficiently distinctive and different from the names of all existing corporations, the secretary of state shall issue to the defaulting corporation a certificate of reinstatement under that new name.
Sec. 24. NRS 81.650 is hereby amended to read as follows:
81.650 1. The board of directors or trustees of any [such] nonprofit charitable corporation may, by a majority vote of its directors or trustees, amend its articles of incorporation or governing instrument at any regular or special meeting of [such] the board of directors or trustees, without a vote of the stockholders or members of [such nonprofit charitable] the corporation, if any, in order to avoid the penalties and liabilities described in Sections 4941(a), 4942(a), 4943(a) and 4945(a) or to comply with the provisions of Section 508(e).
2. [Any such amendment shall] Such an amendment must not be made until the board of directors or trustees has notified the members or stockholders, if any, at least 30 days [prior to] before the meeting [where such] at which the articles of incorporation or governing instrument is to be amended. Notice of the intention to amend [such] the articles or governing instrument [shall] must be served upon the attorney general at least 30 days before the meeting , [at which the articles or governing instrument is to be amended,] together with a copy of the proposed amended articles or governing instrument.
3. After any such amendment has been approved by the directors or trustees, a [true and correct] copy of [such] the amended articles or governing instrument [shall] must be filed with the secretary of state, upon the payment of a fee of [$1.]
κ1983 Statutes of Nevada, Page 697 (CHAPTER 292, SB 261)κ
or governing instrument [shall] must be filed with the secretary of state, upon the payment of a fee of [$1.] $10.
Sec. 25. NRS 90.030 is hereby amended to read as follows:
90.030 1. Agent means any [individual] person other than a broker-dealer and bullion dealer who represents a broker-dealer, bullion dealer or issuer in effecting or attempting to effect purchases or sales of securities . [or commodity options.]
2. Agent does not include [an individual] a person who represents an issuer in effecting transactions with existing employees, partners or directors of the issuer, or any of its subsidiaries, if no commission or other remuneration is paid or given directly or indirectly for soliciting any person in this state.
3. A partner, officer or director of a broker-dealer, bullion dealer or issuer, or a person occupying a similar status or performing similar functions is not the agent of [such] that broker-dealer, bullion dealer or issuer, but may, if he meets the [test] requirements of subsection 1, be the agent of another broker-dealer, bullion dealer or issuer.
Sec. 26. NRS 90.040 is hereby amended to read as follows:
90.040 Broker-dealer means any person engaged in the business of effecting transactions in securities [or commodity options] for the account of others or for his own account. Broker-dealer does not include:
1. An agent.
2. An issuer.
3. A broker or dealer registered pursuant to the provisions of the Securities Exchange Act of 1934 (15 U.S.C. § 78a et seq.).
4. A person who is a member of the National Association of Securities Dealers, Inc.
5. A bank, savings institution or trust company.
6. A person who has no place of business in this state if:
(a) He effects transactions exclusively with or through:
(1) The issuers of the securities [or commodity options] involved in the transactions;
(2) Other broker-dealers;
(3) Banks, savings institutions, trust companies, insurance companies, investment companies as defined in the Investment Company Act of 1940 (15 U.S.C. § 80a-1 et seq.), pension or profit-sharing trusts, or other financial institutions or institutional buyers, whether acting for themselves or as trustees; or
(b) During any period of 12 consecutive months he does not direct more than 15 offers to sell or buy into this state [in any manner] to persons other than those specified in paragraph (a) , [of this subsection 6,] whether or not the offeror or any of the offerees is then present in this state.
Sec. 26.5. NRS 90.040 is hereby amended to read as follows:
90.040 Broker-dealer means any person engaged in the business of effecting transactions in securities for the account of others or for his own account. Broker-dealer does not include:
1. An agent.
2. An issuer.
κ1983 Statutes of Nevada, Page 698 (CHAPTER 292, SB 261)κ
3. [A broker or dealer registered pursuant to the provisions of the Securities Exchange Act of 1934 (15 U.S.C. § 78a et seq.).
4. A person who is a member of the National Association of Securities Dealers, Inc.
5.] A bank, savings institution or trust company.
[6.] 4. A person who has no place of business in this state if:
(a) He effects transactions exclusively with or through:
(1) The issuers of the securities involved in the transactions;
(2) Other broker-dealers;
(3) Banks, savings institutions, trust companies, insurance companies, investment companies as defined in the Investment Company Act of 1940 (15 U.S.C. § 80a-1 et seq.), pension or profit-sharing trusts, or other financial institutions or institutional buyers, whether acting for themselves or as trustees; or
(b) During any period of 12 consecutive months he does not direct more than 15 offers to sell or buy into this state to persons other than those specified in paragraph (a), whether or not the offeror or any of the offerees is then present in this state.
Sec. 27. NRS 90.055 is hereby amended to read as follows:
90.055 Investment adviser means any person who engages in the business of advising others, either directly or through publications or writings, as to the value of securities [or commodity options] or as to the advisability of investing in, purchasing or selling securities , [or commodity options,] or who as part of a regular advisory business issues or promulgates analyses or reports concerning securities , [or commodity options,] but the term investment adviser does not include:
1. A bank or trust company, or the regular employees of a bank or trust company;
2. Any lawyer, accountant, engineer, geologist or teacher whose performance of such services is incidental to the practice of his profession;
3. Any registered broker-dealer [,] or bullion dealer or an issuer, or partner, officer, director or regular employee thereof, or any registered agent or transfer agent;
4. Any publisher or regular employee of the publisher of a bona fide newspaper, news magazine or business or financial publication of general circulation;
5. Any person whose advice, analyses or reports relate only to securities which are direct obligations of or obligations guaranteed as to principal or interest by the United States, any state or any political subdivision of any state, or any public agency or public instrumentality [of any one or more of the foregoing;] thereof; or
6. Such other persons as the administrator may designate by regulation . [or order.]
Sec. 28. NRS 90.060 is hereby amended to read as follows:
90.060 Issuer means any person who issues or proposes to issue any security , [or commodity option,] except that with respect to:
κ1983 Statutes of Nevada, Page 699 (CHAPTER 292, SB 261)κ
1. Certificates of deposit, voting-trust certificates or collateral-trust certificates, or [with respect to] certificates of interest or shares in an unincorporated investment trust not having a board of directors or persons performing similar functions or [of the] a fixed, restricted management or unit , [type, the term] issuer means the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or instrument under which the security is issued; and
2. Certificates of interest or participation in oil, gas or mining titles, or leases or in payments out of production under such titles or leases, there is not [considered to be] any issuer.
Sec. 29. NRS 90.080 is hereby amended to read as follows:
90.080 1. Sale or sell includes every contract of sale of, contract to sell, or disposition of, a security or interest in a security for value . [or a commodity option.]
2. Offer or offer to sell includes every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security for value . [or a commodity option.]
3. Any security given or delivered with, or as a bonus on account of, any purchase or securities or any other thing is considered to constitute part of the subject of the purchase and to have been offered and sold for value.
4. A purported gift of assessable stock is considered to involve an offer and sale.
5. Every sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer, as well as every sale or offer of a security which gives the holder a present or future right or privilege to convert into another security of the same or another issuer, is considered to include an offer of the other security.
6. The terms defined in this section do not include:
(a) Any bona fide pledge or loan;
(b) Any stock dividend, whether or not the corporation distributing the dividend is the issuer of the stock , [or not,] if nothing of value is given by stockholders for the dividend other than the surrender of a right to a cash or property dividend when each stockholder may elect to take the dividend in cash or property or in stock;
(c) Any act incident to a class vote by stockholders, pursuant to the certificate of incorporation or the applicable [corporation] statute, on a merger, consolidation, reclassification of securities, or sale of corporate assets in consideration of the issuance of securities of another corporation; or
(d) Any act incident to a judicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims or property interests, or partly in [such] exchange therefor and partly for cash.
Sec. 30. NRS 90.110 is hereby amended to read as follows:
90.110 It is unlawful for any person, in connection with the offer, sale or purchase of any security , [or commodity option,] directly or indirectly:
κ1983 Statutes of Nevada, Page 700 (CHAPTER 292, SB 261)κ
1. To employ any device, scheme or artifice to defraud.
2. To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or
3. To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person.
Sec. 31. NRS 90.115 is hereby amended to read as follows:
90.115 1. If the administrator finds that the sale or proposed sale, or method of sale of any security , [or commodity option,] whether exempt or not, in the State of Nevada would:
(a) Employ any device, scheme or artifice to defraud;
(b) Obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or
(c) Invoke any transaction, practice or course of business which operates or would operate as a fraud or deceit upon the purchaser, the administrator shall, by written order, prohibit or suspend the sale of the security [or commodity option] or deny approval of the statement of the security . [or commodity option.]
2. If the administrator finds that any person is transacting business in this state as a broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent without having complied with the requirements for registration [requirements of] contained in this chapter, the administrator may, by written order, prohibit or suspend [such] that person from engaging in such activity.
Sec. 32. NRS 90.120 is hereby amended to read as follows:
90.120 1. It is unlawful for any person to transact business in this state as a broker-dealer or agent [or, in the case of commodity options, an issuer,] unless he is registered under this chapter.
2. It is unlawful for any bullion dealer, unless first registered under this chapter, to engage in this state in any transaction in which the purchased precious metal is not delivered to the buyer within 15 days after the date of the sale . [date.]
3. It is unlawful for any broker-dealer, bullion dealer or issuer to employ an agent unless the agent is registered. The registration of an agent is not effective during any period when he is not associated with a particular broker-dealer or bullion dealer registered under this chapter or a particular issuer. When an agent begins or terminates a connection with a broker-dealer, bullion dealer or issuer, or begins or terminates those activities which make him an agent, the agent [as well as] and the broker-dealer, bullion dealer or issuer shall promptly notify the administrator.
4. It is unlawful for any person in this state to serve as an investment adviser unless he is registered pursuant to NRS 90.130. An investment adviser registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940 [shall] may be registered upon submitting proof of this fact to the administrator.
κ1983 Statutes of Nevada, Page 701 (CHAPTER 292, SB 261)κ
5. It is unlawful for any person in this state to serve as a transfer agent unless he is registered pursuant to NRS 90.130.
6. Every registration expires 1 year [from] after its effective date unless renewed.
Sec. 33. NRS 90.130 is hereby amended to read as follows:
90.130 1. [A] Except as otherwise provided in subsection 7, a broker-dealer, bullion dealer, investment adviser, transfer agent or agent [or, in the case of commodity options, an issuer,] may obtain an initial [or renewal] registration or a renewal of his registration by filing with the administrator:
(a) [A] In the case of a bullion dealer, investment adviser or transfer agent, a written application verified by him or in his behalf ; [of the applicant;]
(b) In the case of a broker-dealer, the uniform application for registration as a broker-dealer (Form BD) issued by the Securities and Exchange Commission;
(c) In the case of an agent, the uniform application for registration as an agent (Form U-4) issued by the Securities and Exchange Commission;
(d) A consent to service of process pursuant to subsection 6 of NRS 90.210;
[(c)] (e) In the case of any [broker-dealer or] agent, [proof that the principals thereof have successfully completed the principals examination of the National Association of Securities Dealers or its equivalent,] proof that [the agents have] he has successfully completed the general securities examination [of] and the uniform examination on state law administered by the National Association of Securities Dealers ; [or, in the case of broker-dealers dealing only in commodity options, proof that the applicant has successfully completed the Chicago Board of Trade examination or its equivalent;] and
[(d)] (f) In the case of any [broker-dealer,] bullion dealer or other principal, an audit by a licensed public accountant.
2. [The] An application [shall] submitted pursuant to paragraph (a) of subsection 1 must contain whatever the administrator by [rule] regulation requires concerning such matters as:
(a) The applicants form and place of organization;
(b) The applicants proposed method of doing business;
(c) The qualifications and business history of the applicant [, and, in the case of a broker-dealer, bullion dealer, investment adviser, transfer agent or an issuer of a commodity option,] and the qualifications and business history of any partner, officer or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the applicant;
(d) Any injunction or administrative order or conviction of a misdemeanor involving a security [or commodity option] or any aspect of the business of securities [or commodity option business] and any conviction of a felony; and
(e) The applicants financial condition and history.
κ1983 Statutes of Nevada, Page 702 (CHAPTER 292, SB 261)κ
3. If the applicant is a corporation or association organized under the laws of any other state, territory or government, it shall file with its application:
(a) A copy of its articles of incorporation or association; and
(b) A certificate executed by the proper officer of the state, territory or government under the laws of which it is organized, and executed not more than 30 days before the filing of the application, showing that the applicant is authorized to transact business in that state, territory or government.
The provisions of this subsection do not apply to broker-dealers.
4. [Every applicant shall,] A registered bullion dealer or agent must, as part of his application, be fingerprinted . [, and in the case of a broker-dealer, bullion dealer, investment adviser, transfer agent or an issuer of a commodity option, any partner, officer or director and any person occupying a similar status or performing similar functions shall be fingerprinted. Each such individual shall, at his own expense, arrange to be fingerprinted by any police or sheriffs office and shall request such office, in writing, to forward a copy of the Federal Bureau of Investigations report to be obtained on his fingerprints to the administrator. A copy of the individuals request to the police or sheriffs office shall accompany the application.
5. Every applicant for initial or renewal registration shall pay a filing fee of $100 in the case of a broker-dealer, bullion dealer, investment adviser, transfer agent or an issuer of a commodity option and $25 in the case of an agent. When an application is withdrawn the administrator shall retain the fee.
6.] 5. The administrator shall, by regulation, require registered [broker-dealers,] bullion dealers [,] and agents [and, in the case of commodity options, issuers] to post reasonable surety bonds. Any appropriate deposit in cash or securities [shall] must be accepted in lieu of any bond so required. Every bond [shall] must provide for suit thereon by any person who has a cause of action under NRS 90.200 and, if the administrator by regulation requires, by any person who has a cause of action not arising under this chapter. Every bond [shall] must provide that no suit may be maintained to enforce any liability on the bond unless brought within 2 years after the sale or other act upon which it is based. The amount of the bond required pursuant to this subsection may be reviewed by the administrator from time to time and may be increased or decreased as he deems appropriate.
[7.] 6. Registration becomes effective when the application is registered by the administrator. Registration of a broker-dealer and bullion dealer automatically constitutes registration of any agent who is a partner, officer or director, or person occupying a similar status or performing similar functions at the time of the initial registration. Any person becoming a partner, officer or director subsequent to the initial registration shall register as an agent.
7. A broker-dealer, bullion dealer, investment adviser or transfer agent must pay a fee of $150 for an initial registration and a fee of $100 for each annual renewal of his registration.
κ1983 Statutes of Nevada, Page 703 (CHAPTER 292, SB 261)κ
$100 for each annual renewal of his registration. An agent must pay a fee of $50 for an initial registration and a fee of $30 for each annual renewal of his registration. Each registration is automatically renewed upon the payment of the proper fee. Fees for the renewal of registration must be paid by January 1 of each year. If an application is withdrawn, the administrator shall retain the fee.
Sec. 34. NRS 90.133 is hereby amended to read as follows:
90.133 1. The registration of a broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent may be denied, suspended or revoked if the administrator finds, after notice and opportunity for hearing as provided in NRS 90.175, that [such] the broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent or any officer, director, partner, member, trustee or manager thereof:
(a) Has been convicted of a felony or of any misdemeanor of which fraud is an essential element;
(b) Has failed to account for any money or property or has failed to deliver any security [or commodity option] to any person entitled thereto when due or within a reasonable time thereafter;
(c) In the case of a broker-dealer, bullion dealer or issuer, is selling or issuing or has sold or issued securities [or commodity options] in this state through an agent other than a registered agent, or, in the case of an agent, is selling or has sold securities [or commodity options] in this state for a broker-dealer, bullion dealer or issuer with knowledge that [such] the broker-dealer, bullion dealer or issuer has not complied with the provisions of this chapter;
(d) Has violated any of the provisions of this chapter;
(e) Has made any material misrepresentation to the administrator in connection with any information deemed necessary by the administrator to determine a broker-dealers, bullion dealers or issuers financial responsibility or a broker-dealers, bullion dealers, issuers, agents, investment advisers or transfer agents business repute or qualifications, or has refused to furnish any such information as requested by the administrator;
(f) Has had a license or registration under any law [, federal, state or territorial,] regulating the sale or issuance of securities [or commodity options,] refused, canceled, suspended or withdrawn for fraudulent or felonious conduct or for violation of [such] any law.
2. If the administrator finds that any registrant or applicant for registration is no longer in existence or has ceased to do business as a broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent, [or] has been adjudicated mentally incompetent, or cannot be located after reasonable search, the administrator may by order cancel the registration or application.
Sec. 35. (Deleted by amendment.)
Sec. 36. NRS 90.175 is hereby amended to read as follows:
90.175 1. Except as provided in subsection 3, the administrator shall not:
(a) Deny approval of the statement of any security [or commodity option] or the registration of a broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent;
κ1983 Statutes of Nevada, Page 704 (CHAPTER 292, SB 261)κ
option] or the registration of a broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent;
(b) Prohibit or suspend the sale of any security ; or [commodity option; or]
(c) Prohibit or suspend any person from acting as a broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent, except after opportunity for a hearing upon not less than 10 days advance notice given by personal service or registered or certified mail to the person [or persons] concerned.
2. The notice [shall:] must:
(a) State the date, time and place of the hearing;
(b) Contain a brief statement of the proposed action of the administrator; and
(c) State the grounds for the proposed action.
3. The administrator may temporarily prohibit the sale of any security [or commodity option] or suspend the registration of a broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent without the notice and prior hearing if the administrator deems such action to be necessary for the protection of the public.
4. Immediately after taking any such action, the administrator shall:
(a) Schedule a hearing on the action as soon as possible and give to the person [or persons] concerned notice by personal service, by registered or certified mail or by telegram of the date, time and place of the hearing.
(b) Conduct the hearing and, under the facts developed, suspend or revoke the registration of any security [, commodity option] or person involved, or [the imposition] impose on any such person [of a civil] a penalty of not more than $1,000 for each offense.
Sec. 37. NRS 90.200 is hereby amended to read as follows:
90.200 1. Any person who offers or sells a security [or commodity option] by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading , [(the buyer not knowing of the untruth or omission),] and who does not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the untruth or omission, is liable to the person buying the security from him [, who] if the buyer did not know of the untruth or omission. The buyer may sue either at law or in equity to recover the consideration paid for the security [or commodity option, together] with interest at a rate of 6 percent per year from the date of payment, costs, and reasonable attorneys fees, less the amount of any income received on the security , [or commodity option,] upon the tender of the security [or commodity option] and any income received on it, or for damages if he no longer owns the security . [or commodity option.] Damages are the amount that would be recoverable upon a tender less the value of the security [or commodity option] when the buyer disposed of it and interest at 6 percent per year from the date of disposition.
κ1983 Statutes of Nevada, Page 705 (CHAPTER 292, SB 261)κ
2. [Every] A person who directly or indirectly controls a seller liable under subsection 1, [every] a partner, officer, or director of such a seller, [every] a person occupying a similar status or performing similar functions, [every] an employee of such a seller who materially aids in the sale, and [every] a broker or dealer or employee of a broker or dealer [, or, in the case of a commodity option, every issuer or employee of an issuer,] who materially aids in the sale [are] is also liable jointly and severally with and to the same extent as the seller, unless [the nonseller who is so liable] he sustains the burden of proof that he did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. There is contribution as in cases of contract among the several persons so liable.
3. Any tender specified in this section may be made at any time before entry of judgment.
4. Every cause of action under this chapter survives the death of any person who might have been a plaintiff or defendant.
5. No person may sue under this section more than 2 years after the contract of sale. No person may sue under this section:
(a) If [the buyer] he received a written offer, before suit and at a time when he owned the security , [or commodity option,] to refund the consideration paid together with interest at 6 percent per year from the date of payment, less the amount of any income received on the security , [or commodity option,] and he failed to accept the offer within 30 days of its receipt; or
(b) If [the buyer] he received such an offer before suit and at a time when he did not own the security , [or commodity option,] unless he rejected the offer in writing within 30 days of its receipt.
6. No person who has made or engaged in the performance of any contract in violation of any provision of this chapter, or who has acquired any purported right under any such contract with knowledge of the facts by reason of which its making or performance was in violation, may base any suit on the contract.
7. Any condition, stipulation or provision binding any person acquiring any security [or commodity option] to waive compliance with any provision of this chapter is void.
8. The rights and remedies provided by this chapter are in addition to any other rights or remedies that may exist at law or in equity, but this chapter does not create any cause of action not specified in this section.
Sec. 38. NRS 225.140 is hereby amended to read as follows:
225.140 1. In addition to other fees authorized by law, the secretary of state shall charge and collect the following fees:
For a copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, per page................................................ [$0.25] $0.50
For certifying to any such copy and use of the state seal, for each impression ........................................................................................................... 5.00
For registering a mark.................................................................................... 25.00 For the delivery of an attested certificate of the record of the registration of a mark.................................................. $5.00
κ1983 Statutes of Nevada, Page 706 (CHAPTER 292, SB 261)κ
For the delivery of an attested certificate of the record of the registration of a mark ......................................................................................................... $5.00
For each passport or other document signed by the governor and attested by the secretary of state.................................................................................... 10.00
For filing power of attorney.......................................................................... 10.00
2. The secretary of state:
(a) Shall charge a reasonable fee for searching records and documents kept in his office.
(b) May charge or collect any filing or other fees for services rendered by him to the State of Nevada , [or] any local governmental agency or agency of the Federal Government, or any officer thereof in his official capacity or respecting his office or official duties.
(c) May not charge or collect a filing or other fee for:
(1) Attesting extradition papers or executive warrants for other states.
(2) Any commission or appointment issued or made by the governor, either for the use of the state seal or otherwise.
Sec. 39. NRS 240.030 is hereby amended to read as follows:
240.030 1. Each notary public shall:
(a) Before entering upon the duties of his office and at the time he receives his commission, pay to the secretary of state [the sum of $25.] $35.
(b) Take the official oath as prescribed by law, which oath [shall] must be endorsed on his commission.
(c) Enter into a bond to the State of Nevada in the sum of [$2,000,] $10,000, to be approved by the clerk of the county in which the notary resides.
2. The bond, together with the oath of office, [shall] must be filed and recorded in the office of the county clerk of the county in which the notary resides when he receives his commission.
3. The secretary of state shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary.
Sec. 40. NRS 90.042 is hereby repealed.
Sec. 41. 1. Those broker-dealers who have been granted an exemption from registration before July 1, 1984, are not required to pay the initial fee for registration required by section 33 of this act, but must pay the required fee for each annual renewal.
2. Those agents who are employed by broker-dealers who are presently registered or broker-dealers who have been granted an exemption from registration before July 1, 1983, are not required to take the uniform examination on state law administered by the National Association of Securities Dealers.
Sec. 42. Section 26.5 of this act shall become effective on July 1, 1984.
________
κ1983 Statutes of Nevada, Page 707κ
Senate Bill No. 97Senators Lamb, Glaser, Jacobsen, Glover, Blakemore and Horn
CHAPTER 293
AN ACT relating to taxation; imposing a tax on certain products made from tobacco; increasing the rate of tax on cigarettes; requiring quarterly payments of the tax on the net premiums and net considerations of insurers under certain circumstances; increasing the rate of tax on those premiums and considerations; and providing other matters properly relating thereto.
[Approved May 14, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7.5, inclusive, of this act.
Sec. 2. As used in sections 2 to 7.5, inclusive, of this act, unless the context otherwise provides:
1. Retail dealer means any person other than a wholesale dealer who is engaged in selling products made from tobacco, other than cigarettes, to customers.
2. Sale means any transfer, exchange, barter, gift, offer for sale, or distribution for consideration of products made from tobacco, other than cigarettes.
3. Wholesale dealer means any person who purchases products made from tobacco, other than cigarettes, directly from the manufacturer or who purchases such products from any other person who purchases them from the manufacturer to sell to retail dealers and who serves retail outlets from an established place of business including, but not limited to, the maintenance of a warehouse for the storage and distribution of such products.
4. Wholesale price means the established price for which a manufacturer sells a product made from tobacco, other than cigarettes, to a wholesale dealer before any discount or other reduction is made.
Sec. 3. 1. There is hereby imposed upon the purchase or possession of products made from tobacco, other than cigarettes, by a customer in this state a tax of 30 percent of the wholesale price of those products.
2. The provisions of subsection 1 do not apply to those products which are shipped out of the state for sale and use outside the state.
3. This tax must be collected and paid by the wholesale dealer to the department before the sale of such products to the customer. The wholesale dealer is entitled to retain 2 percent of the taxes collected to cover the costs of collecting and administering the taxes.
4. Any wholesale dealer who sells any such products without first paying the tax provided for by this section is guilty of a misdemeanor.
Sec. 4. It is unlawful for any person to sell or offer to sell any products made from tobacco, other than cigarettes, on which the tax has not been paid as provided for in section 3 of this act.
Sec. 5. The wholesale dealer must procure from each manufacturer itemized invoices of all products made from tobacco, other than cigarettes, purchased from and delivered by that manufacturer.
κ1983 Statutes of Nevada, Page 708 (CHAPTER 293, SB 97)κ
itemized invoices of all products made from tobacco, other than cigarettes, purchased from and delivered by that manufacturer. The wholesale dealer must obtain from the manufacturer separate invoices for each purchase made. The invoice must show the name and address of the manufacturer, the date of the purchase and the wholesale price.
Sec. 6. 1. Every wholesale dealer must keep at his place of business complete and accurate records for that place of business, including copies of all invoices of products made from tobacco, other than cigarettes, which he holds, purchases and delivers or sells in this state. All records must be preserved for at least 3 years after the date of purchase or after the date of the last entry made on the record.
2. Every retail dealer shall keep at his place of business complete and accurate records for that place of business, including copies of all itemized invoices or purchases of such products purchased and delivered from wholesale dealers. The invoices must show the name and address of the wholesale dealer and the date of the purchase. All records must be preserved for 3 years after the date of the purchase.
Sec. 7. 1. The department shall allow a credit of 30 percent of the tax imposed pursuant to section 3 of this act, less a discount of 2 percent for the services rendered in collecting the tax, for the products made from tobacco, other than cigarettes, which may no longer be sold. If such products have been purchased and delivered, a manufacturers credit memo is required for proof of returned merchandise.
2. A credit must also be granted for such products shipped from the State of Nevada and destined for retail sale and consumption outside the state on which the tax has previously been paid. A duplicate or copy of the invoice is required for proof of the sale outside the state.
3. A wholesale dealer may claim a credit by filing with the department the proof required by this section. The claim must be made on a form prescribed by the department.
Sec. 7.5. 1. All amounts of tax required to be paid to the state pursuant to sections 2 to 7, inclusive, of this act, must be paid to the department in the form of remittances payable to the department.
2. The department shall deposit these payments with the state treasurer for credit to the account for the tax on products made from tobacco, other than cigarettes, in the state general fund.
Sec. 8. NRS 370.001 is hereby amended to read as follows:
370.001 As used in [this chapter,] NRS 370.010 to 370.430, inclusive, unless the context otherwise requires, the words and terms defined in NRS 370.010 to 370.055, inclusive, have the meanings ascribed to them in those sections.
Sec. 9. NRS 370.035 is hereby amended to read as follows:
370.035 Sale or to sell includes any of the following:
1. To exchange, barter, possess or traffic in;
2. To solicit or receive an order for;
3. To keep or expose for sale;
4. To deliver for value;
5. To peddle;
6. To possess with intent to sell;
κ1983 Statutes of Nevada, Page 709 (CHAPTER 293, SB 97)κ
7. To transfer to anyone for sale or resale;
8. To possess or transport in contravention of [this chapter;] the provisions of NRS 370.001 to 370.430, inclusive;
9. To traffic in for any consideration, promised or obtained directly or indirectly; or
10. To procure or allow to be procured for any reason.
Sec. 10. NRS 370.070 is hereby amended to read as follows:
370.070 [This chapter shall] The provisions of NRS 370.001 to 370.490, inclusive, do not apply to common carriers while engaged in interstate commerce which sell or furnish cigarettes on their trains, buses or airplanes.
Sec. 11. NRS 370.170 is hereby amended to read as follows:
370.170 Except as otherwise provided in this chapter, [no person shall] it is unlawful for any person to give, sell or offer to give or sell any cigarettes in [the State of Nevada] this state unless there is affixed to each of the packages, packets or containers an adhesive Nevada cigarette revenue stamp or a similar stamp affixed by a metered stamping machine approved by and registered with the department in the following denominations: On packages containing 20 cigarettes or less, [10] 15 cents per package; and on packages containing over 20 cigarettes, [10] 15 cents additional for each 20 cigarettes or fraction thereof contained in any such package.
Sec. 12. NRS 370.250 is hereby amended to read as follows:
370.250 1. If any dealer in cigarettes upon which a precollected or advance tax is required to be paid fails to report to the department or its agents on or before the date due, the department may suspend his license or permit until the report is received and found to be correct.
2. The department may temporarily suspend or permanently revoke the licenses of any cigarette dealer for violating, or causing or permitting to be violated, any of the provisions of [this chapter.] NRS 370.001 to 370.430, inclusive.
Sec. 13. NRS 370.257 is hereby amended to read as follows:
370.257 The department may audit the records of each dealer authorized to purchase or affix cigarette revenue stamps to determine that the dealer has complied with the provisions of [this chapter.] NRS 370.001 to 370.430, inclusive.
Sec. 14. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by [this chapter,] the provisions of NRS 370.001 to 370.430, inclusive, less any refunds granted as provided by law, must be paid to the department in the form of remittances payable to the department.
2. The department shall:
(a) As compensation to the state for the costs of collecting the taxes and license fees, transmit [on a monthly basis] each month such sum as the legislature specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer [, who shall deposit this amount] for deposit to the credit of the department.
κ1983 Statutes of Nevada, Page 710 (CHAPTER 293, SB 97)κ
The deposited money must be expended by the department in accordance with its work program.
(b) From the remittances made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to:
(1) Five cents per package, on packages containing 20 cigarettes or less; and
(2) Five cents additional for each 20 cigarettes or fraction thereof contained in any package containing over 20 cigarettes, to the state treasurer for deposit to the credit of the account for the tax on cigarettes in the state general fund.
(c) Transmit the balance of the payments each month to the state treasurer [to be deposited in the state treasury] for deposit to the credit of the cigarette tax account in the intergovernmental trust fund.
[(c)] (d) Report to the state controller monthly the amount of collections.
3. The money in the cigarette tax account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations. The amount in the account which was collected during the preceding month must be apportioned by the department and distributed by the state controller as follows:
(a) In counties having a population of 5,000 or more:
(1) If there are no incorporated cities within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city within the county the money must be apportioned between the city and the county on the basis of the population of the city and the population of the county excluding the population of the city.
(3) If there are two or more incorporated cities within the county, the entire amount must be apportioned among the cities in proportion to their respective populations.
(b) In counties having a population of less than 5,000:
(1) If there are no incorporated cities or unincorporated towns within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city or one unincorporated town within the county the money must be apportioned between the city or town and the county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.
(3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount must be apportioned among the cities or towns in proportion to their respective populations.
(c) In Carson City the entire amount must go into the city treasury.
4. For the purposes of this section, unincorporated town means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.
κ1983 Statutes of Nevada, Page 711 (CHAPTER 293, SB 97)κ
Sec. 15. NRS 370.270 is hereby amended to read as follows:
370.270 1. Every retail dealer making a sale [or sales] to a customer shall, at the time of sale, see that each package, packet or container has the Nevada cigarette revenue stamp or metered stamping machine indicia properly affixed.
2. Every cigarette vending machine operator placing cigarettes in his coin-operated cigarette vending machines for sale to the ultimate consumers shall at the time of placing them in his machine see that each package, packet or container has the Nevada cigarette revenue stamp or metered stamping machine indicia properly affixed.
3. No unstamped packages, packets or containers of cigarettes may lawfully be accepted or held in the possession of any person, except as authorized by law or regulation. For the purposes of this subsection, held in possession means:
(a) In the actual possession of the person; or
(b) In the constructive possession of the person when cigarettes are being transported or held for him or for his designee by another person. Constructive possession is deemed to occur at the location of the cigarettes being transported or held.
4. Any cigarettes found in the possession of any person except a person authorized by law or regulation to possess them, which do not bear indicia of Nevada excise tax stamping, [shall] must be seized by the department or any of its agents, and caused to be stamped by a licensed cigarette dealer, or confiscated and sold by the department or its agents to the highest bidder among the licensed wholesale dealers in this state after due notice to all licensed Nevada wholesale dealers has been given by mail to the addresses contained in [department] the departments records. If there is no bidder, or in the opinion of the department the quantity of the cigarettes is insufficient, or for any other reason such disposition would be impractical, the cigarettes [shall] must be destroyed or disposed of as the department may see fit. The proceeds of all sales [shall] must be classed as revenues derived under the provisions of [this chapter.] NRS 370.001 to 370.430, inclusive.
5. Any cigarette vending machine in which unstamped cigarettes are found may be so seized and sold to the highest bidder.
Sec. 16. NRS 370.350 is hereby amended to read as follows:
370.350 1. Except as provided in subsection 3, a tax is hereby levied and imposed upon the use of cigarettes in this state.
2. The amount of [such] the use tax [shall] must be as follows: On packages containing 20 cigarettes or less, [10] 15 cents per package; and on packages containing over 20 cigarettes, [10] 15 cents additional for each 20 cigarettes or fraction thereof contained in any such package.
3. The use tax [shall] does not apply where:
(a) Nevada cigarette revenue stamps have been affixed to cigarette packages as required by law.
(b) Tax exemption is provided for in this chapter.
κ1983 Statutes of Nevada, Page 712 (CHAPTER 293, SB 97)κ
Sec. 17. NRS 679A.160 is hereby amended to read as follows:
679A.160 Unless otherwise provided, no provision of this code [shall apply] applies to:
1. Fraternal benefit societies (as identified in chapter 695A of NRS) except as stated in chapter 695A of NRS (fraternal benefit societies).
2. Hospital, medical or dental service corporations (as identified in chapter 695B of NRS) except as stated in chapter 695B of NRS (nonprofit hospital, medical or dental service corporations).
3. Motor clubs (as identified in chapter 696A of NRS) except as stated in chapter 696A of NRS (motor clubs).
4. Bail bondsmen (as identified in chapter 697 of NRS) except as stated in NRS 680B.030 and sections 19 to 25, inclusive, of this act (general premium tax) and chapter 697 of NRS (bail bondsmen).
Sec. 18. Chapter 680B of NRS is hereby amended by adding thereto the provisions set forth as sections 19 to 25, inclusive, of this act.
Sec. 19. 1. Each insurer which, pursuant to section 21 of this act, paid or is required to pay a tax of at least $2,000 on net premiums and net considerations received during the preceding calendar year, shall file a quarterly report in such form as prescribed by the commissioner. The report must be accompanied by an estimated payment made payable to the commissioner in an amount equal to:
(a) The tax due at the rate prescribed in section 21 of this act on net premiums and net consideration received during that calendar quarter; or
(b) Twenty-five percent of the tax paid or required to be paid on net premiums and net considerations received during the preceding calendar year.
2. Each quarterly estimated payment is due on the last day of the last month in each calendar quarter.
3. If an overpayment of the tax imposed by section 21 of this act results from the estimated payments made pursuant to this section, the insurer shall apply the overpayment against each succeeding quarterly estimated payment due in the current calendar year until the overpayment has been extinguished.
4. Any insurer making estimated payments pursuant to paragraph (a) of subsection 1 is not subject to penalties for underpayment if the total of its estimated payments for the calendar year is at least equal to 90 percent of the tax due pursuant to section 21 of this act.
Sec. 20. For the purposes of NRS 680B.030 and sections 19 to 25, inclusive, of this act:
1. Total income derived from premiums:
(a) Does not include premiums or considerations received from life insurance policies or annuity contracts issued in connection with the funding of a pension, annuity or profit-sharing plan qualified or exempt under sections 401, 403, 404, 408 or 501 of the United States Internal Revenue Code as renumbered from time to time.
(b) As to title insurance consists of the total amount received by the company from the sale of policies of title insurance.
κ1983 Statutes of Nevada, Page 713 (CHAPTER 293, SB 97)κ
2. Money accepted by a life insurer under an agreement which provides for an accumulation of money to purchase annuities at future dates may be considered as total income derived from premiums either upon receipt or upon the actual application of the money to the purchase of annuities, but any interest credited to money accumulated while under the latter alternative must also be included in total income derived from premiums, and any money taxed upon receipt, including any interest later credited thereto, is not subject to taxation upon the purchase of annuities. Each life insurer shall signify on its return covering premiums for the calendar year 1971 or for the first calendar year it transacts business in this state, whichever is later, its election between those two alternatives. Thereafter an insurer shall not change his election without the consent of the commissioner. Any such money taxed as total income derived from premiums is, in the event of withdrawal of the money before its actual application to the purchase of annuities, eligible to be included as return premiums under the provisions of NRS 680B.030.
Sec. 21. 1. Except as provided in section 22 of this act, for the privilege of transacting business in this state, each insurer shall pay to the commissioner a tax upon his net premiums and net considerations at the rate of:
(a) Three percent on amounts received during the fiscal years beginning on July 1, 1983, and July 1, 1984, respectively.
(b) Two and one-half percent on amounts received on or after July 1, 1985.
2. The tax must be paid at the same time the report required by NRS 680B.030 is filed.
3. The commissioner may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.
Sec. 22. Factory mutuals shall pay the tax imposed by section 21 of this act on all gross premiums upon policies on risks located in this state in force on December 31 next preceding, after deducting from the gross premiums dividends and returns to policyholders computed at the average rate on annual policies expiring during the preceding year, whether actually paid or applied in part payment of any renewal premiums.
Sec. 23. A domestic insurer doing business in a state in which it is not licensed and to which it does not pay a premium tax, shall report and pay the tax on that business to the State of Nevada as though that business were transacted in this state.
Sec. 24. Payment, by an insurer, of the tax imposed by section 21 of this act is in lieu of all taxes imposed by the state or any city, town or county upon premiums or upon income of insurers and of franchise, privilege or other taxes measured by income of the insurer.
Sec. 25. Any insurer that fails to file the report or pay the tax as required by NRS 680B.030 and sections 19 to 25, inclusive, of this act within the time for filing and payment as provided in those sections shall in addition to any other applicable penalty pay a penalty equal to the rate of 10 percent upon the amount of tax assessed against it.
κ1983 Statutes of Nevada, Page 714 (CHAPTER 293, SB 97)κ
Sec. 26. NRS 680B.030 is hereby amended to read as follows:
680B.030 1. Each insurer and each formerly authorized insurer with respect to insurance transacted while an authorized insurer and property bondsman shall, on or before March 1 each year, or within any reasonable extension of time therefor which the commissioner may for good cause have granted on or before [such] that date, file with the commissioner a report in such form as prescribed by the commissioner showing total [premium income,] income derived from premiums, including policy, membership and other fees and assessments, and all other considerations for insurance, bail or annuity contracts received by it during the next preceding calendar year on account of policies and contracts covering property, subjects or risks located, resident or to be performed in this state (with proper proportionate allocation of premiums as to such persons, property, subjects or risks in this state insured under policies and contracts covering persons, property, subjects or risks located or resident in more than one state), after deducting from [such total premium income:] the total income derived from premiums:
(a) The amount of return premiums;
(b) Premiums received for reinsurance on such property or risks; and
(c) Dividends, savings and unabsorbed premium deposits returned to policyholders in cash or credited to their accounts.
2. The report [shall] must be verified by the oath or affirmation of the insurers president, vice president, secretary, treasurer or manager.
[2. As used in subsection 1, total premium income does not include premiums or considerations received from life insurance polities or annuity contracts issued in connection with the funding of a pension, annuity or profit-sharing plan qualified or exempt under sections 401, 403, 404, 408 or 501 of the United States Internal Revenue Code as now or hereafter amended or renumbered from time to time.
3. Funds accepted by a life insurer under an agreement which provides for an accumulation of funds to purchase annuities at future dates may for the purposes of the tax imposed by this section be considered as total premium income either upon receipt or upon the actual application of such funds to the purchase of annuities. However, any interest credited to funds accumulated while under the latter alternative shall also be included in total premium income, and any funds taxed upon receipt, including any interest later credited thereto, shall not be subject to taxation upon the purchase of annuities. Each life insurer shall signify on its premium tax return covering premiums for the calendar year 1971 its election between such two alternatives. Thereafter an insurer shall not change such election without the consent of the commissioner. Any such funds taxed as total premiums shall, in the event of withdrawal of the funds before their actual application to the purchase of annuities, be eligible to be included as return premiums under the provisions of subsection 1.
4. For the purposes of this section, total premium income as to title insurance shall consist of the total amount received by the company from the sale of policies of title insurance.
κ1983 Statutes of Nevada, Page 715 (CHAPTER 293, SB 97)κ
title insurance shall consist of the total amount received by the company from the sale of policies of title insurance.
5. For purposes of this section factory mutuals shall pay 2 percent on all gross premiums upon policies on risks located in this state in force on December 31 next preceding, after deducting from such gross premiums dividends and returns to policyholders computed at the average rate on annual policies expiring during the preceding year, whether actually paid or applied in part payment of any renewal premiums.
6. The commissioner may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.
7. Coincidentally with the filing of such report each such insurer shall pay to the commissioner, for the privilege of transacting business in this state, a tax of 2 percent upon such net premiums and net considerations.
8. A domestic insurer doing business in a state in which such insurer is not licensed and to which the insurer does not pay a premium tax, shall report and pay the tax on such business to the State of Nevada as though such business were transacted in this state.
9. Payment, by an insurer, of the tax required in this section shall be in lieu of all taxes imposed by the state or any city, town or county upon premiums or upon income of insurers and of franchise, privilege or other taxes measured by income of the insurer. This subsection shall not be modified or repealed by any law of general application enacted after January 1, 1972, unless expressly referred to or expressly repealed therein.
10. Any insurer that fails to file the report or pay the tax as required by this section within the time for filing and payment as provided in this section shall in addition to any other applicable penalty pay a penalty equal to the rate of 10 percent upon the amount of tax assessed against it.]
Sec. 27. NRS 680B.050 is hereby amended to read as follows:
680B.050 1. [A] Except as otherwise provided in this subsection, a domestic or foreign insurer which owns and substantially occupies and uses any building in this state as its home office or as a regional home office, as defined in subsection 2, [shall be] is entitled to the following credits and deductions against the tax otherwise imposed [under NRS 680B.030:] by section 21 of this act:
(a) An amount equal to 50 percent of the aggregate amount of the tax as determined under NRS 680B.030 [;] and sections 19 to 25, inclusive, of this act; and
(b) An amount equal to the full amount of ad valorem taxes paid by the insurer during the calendar year next preceding the filing of the report required by NRS 680B.030, upon [such] the home office or regional home office together with the land, as reasonably required for the convenient use of [such] the office, upon which [such] the home office or regional home office is situated.
[However, in no event shall such] These credits and deductions must not reduce the amount of tax payable to less than 20 percent of the tax otherwise payable by the insurer under [NRS 680B.030.]
κ1983 Statutes of Nevada, Page 716 (CHAPTER 293, SB 97)κ
otherwise payable by the insurer under [NRS 680B.030.] section 21 of this act.
2. For the purposes of this section a regional home office means an office of the insurer performing for an area covering three or more states, with a minimum of 25 employees on its office staff, the sales supervision, underwriting, issuing and servicing of the insurance business of the insurer, including also the following related functions: Actuarial, medical (where required), law, approval or rejection of applications for insurance and issuance of policies thereon, approval of payment of claims, maintenance of records to provide policyholder information and service, advertising, publications, public relations and supervision and training of sales and service personnel.
3. The insurer shall on or before March 1 of each year furnish proof to the commissioners satisfaction, on forms furnished by or acceptable to the commissioner, as to its entitlement to the tax reduction provided for in this section.
4. Tax credit or reduction [shall be] is allowed only with respect to calendar years during the entirety of which the insurer owned, occupied and used its home office or regional home office in this state.
5. If two or more insurers under common ownership or management and control jointly own in equal interest, and jointly occupy and use , such a home office or regional home office in this state for the conduct and administration of their respective insurance businesses as provided in this section, each of [such insurers shall be] the insurers is entitled to the credits and reductions provided for by this section if otherwise qualified therefor [hereunder.] under this section.
Sec. 28. NRS 680B.060 is hereby amended to read as follows:
680B.060 1. The taxes imposed under [NRS 680B.030 shall] section 21 of this act must be collected by the commissioner and promptly [paid by him to] deposited with the state treasurer [to the credit of the] for credit to the state general fund.
2. If the tax is not paid by the insurer on or before the date required for payment, the tax [shall then become] then becomes delinquent, and payment thereof may be enforced by court action instituted on behalf of the state by the attorney general. The attorney general may employ additional counsel in the city where the home office of the insurer is located, subject to approval of compensation for such services by the state board of examiners.
3. Upon the tax becoming delinquent the commissioner shall suspend or revoke the insurers certificate of authority.
4. [In event of] If a dispute arises between an insurer and the state as to the amount of tax, if any, payable, the insurer [shall have the right] is entitled to pay under protest the tax in the amount assessed by the commissioner, without waiving or otherwise affecting any right of the insurer to recover any amount determined, through appropriate legal action taken by the insurer, to have been in excess of the amount of tax lawfully payable.
5. All taxes, fees, licenses, fines and charges collected by the commissioner under this code, including the general premium tax provided for under [NRS 680B.030] section 21 of this act and as increased in any instances pursuant to NRS 680A.330 (retaliatory provision), [shall] must be promptly [paid by him to] deposited with the state treasurer [to the credit of the] for credit to the state general fund.
κ1983 Statutes of Nevada, Page 717 (CHAPTER 293, SB 97)κ
any instances pursuant to NRS 680A.330 (retaliatory provision), [shall] must be promptly [paid by him to] deposited with the state treasurer [to the credit of the] for credit to the state general fund.
Sec. 29. NRS 680B.120 is hereby amended to read as follows:
680B.120 1. Any person from whom fees, charges or taxes imposed by this code have been erroneously collected may apply to the commissioner for refund at any time within 1 year after the date such fees, charges or taxes were originally required to be paid or within 30 days after the date of payment of any additional tax, charge or fee.
2. If the amount of taxes, charges or fees due are found by the commissioner to be less than the amount paid, either by examination of the return or by allowance of a claim for overpayment filed by the payor, then upon presentation of proper vouchers by the commissioner, the state controller shall issue his warrants upon the appropriate fund and the state treasurer shall pay [the same] them out of the money credited to that fund.
3. Whenever such a refund is found to be due an insurer, the commissioner, in lieu of preparing the proper vouchers for a cash refund, may authorize the insurer to credit the amount of the refund against the premium tax payable by it under [NRS 680B.030] section 21 of this act in the next following calendar year.
4. No cash refund [shall] may be made unless the amount to be so refunded is $10 or more.
Sec. 30. Section 14 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Senate Bill No. 315Committee on Judiciary
CHAPTER 294
AN ACT relating to crimes against property; converting certain presumptions to inferences; expending the definition of certain crimes; and providing other matters properly relating thereto.
[Approved May 14, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.060 is hereby amended to read as follows:
205.060 1. Every person who, either by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or housetrailer, airplane, glider, boat or railroad car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary.
2. Any person convicted of burglary shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.
κ1983 Statutes of Nevada, Page 718 (CHAPTER 294, SB 315)κ
$10,000. No person who is convicted of burglary and who has previously been convicted of burglary may be released on probation or granted a suspension of his sentence.
3. Whenever a burglary is committed upon a railroad train, vehicle, vehicle trailer, semitrailer or housetrailer, airplane, glider or boat, in motion or in rest, in this state, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the railroad train, vehicle, vehicle trailer, semitrailer or housetrailer , airplane, glider or boat may have run on the trip during which the burglary is committed.
Sec. 2. NRS 205.065 is hereby amended to read as follows:
205.065 Every person who [shall unlawfully break and enter] unlawfully breaks and enters or unlawfully [enter] enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or housetrailer, airplane, glider, boat or railroad car [shall be deemed] may reasonably be inferred to have broken and entered or entered [the same] it with intent to commit grand or petit larceny or a felony therein, unless such unlawful breaking and entering or unlawful entry [shall be] is explained by [testimony] evidence satisfactory to the jury to have been made without criminal intent.
Sec. 3. NRS 205.2715 is hereby amended to read as follows:
205.2715 1. Every person who takes and carries away or drives away the vehicle of another without the intent to permanently deprive the owner thereof but without the consent of the owner of such vehicle is guilty of a gross misdemeanor.
2. Every person who is in possession of a vehicle without the consent of the owner of such vehicle [is presumed] may reasonably be inferred to have taken and carried away or driven away the vehicle.
3. Vehicle as used in this section means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
Sec. 4. NRS 205.312 is hereby amended to read as follows:
205.312 Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 72 hours after the lease or rental agreement has expired, [such person shall be presumed] that person may reasonably be inferred to have embezzled the vehicle.
________
κ1983 Statutes of Nevada, Page 719κ
Senate Bill No. 118Committee on Judiciary
CHAPTER 295
AN ACT relating to the department of prisons; changing the designation of certain of its facilities and officers; authorizing the director to assume the cost of safekeeping of local prisoners; and providing other matters properly relating thereto.
[Approved May 14, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Facility means a community correctional center, honor camp or other place of confinement, other than an institution, operated by the department for the the custody, care or training of offenders.
Sec. 3. Manager means the administrative officer in charge of a facility.
Sec. 4. Warden means the administrative officer in charge of an institution.
Sec. 5. NRS 209.011 is hereby amended to read as follows:
209.011 As used in this chapter, unless the context otherwise requires, the terms defined in NRS 209.021 to [209.091,] 209.081, inclusive, and sections 2 to 4, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 209.071 is hereby amended to read as follows:
209.071 Institution means a prison [, community correctional center, or other facility operated by the department for the custody, care and training of offenders.] designed to house 125 or more offenders within a secure perimeter.
Sec. 7. NRS 209.111 is hereby amended to read as follows:
209.111 The board has full control of all grounds, buildings, labor, and property of the department, and shall:
1. Purchase, or cause to be purchased, all commissary supplies, materials and tools necessary for any lawful purpose carried on at any institution or facility of the department.
2. Regulate the number of officers and employees of the department.
3. Prescribe regulations for carrying on the business of the board and the department.
Sec. 8. NRS 209.131 is hereby amended to read as follows:
209.131 The director shall:
1. Administer the department under the direction of the board.
2. Supervise the administration of all institutions and facilities of the department.
κ1983 Statutes of Nevada, Page 720 (CHAPTER 295, SB 118)κ
3. Receive, retain and release in accordance with law offenders sentenced to imprisonment in the state prison.
4. Be responsible for the supervision, custody, treatment, care, security and discipline of all offenders under his jurisdiction.
5. Establish regulations with the approval of the board and enforce all laws governing the administration of the department and the custody, care and training of offenders.
6. Take proper measures to protect the health and safety of the staff and [inmates of] offenders in the institutions and facilities of the department.
7. Cause to be placed from time to time in conspicuous places about each institution and facility copies of laws and regulations relating to visits and correspondence between offenders and others.
8. Provide for the holding of religious services in the institutions and facilities and make available to the [inmates] offenders copies of appropriate religious materials.
Sec. 9. NRS 209.151 is hereby amended to read as follows:
209.151 1. The director shall appoint [, with the approval of the board, a deputy director, who shall be] assistant directors who are in the [unclassified] classified service of the state [and is entitled to receive an annual salary in an amount fixed by law.] except for purposes of retention.
2. During any absence of the director, [the deputy director is acting] he shall designate an assistant director or a warden to act as director of the department without increase in salary.
3. The [deputy director] assistant directors shall carry out such administrative duties as may be assigned to [him] them by the director and shall not engage in any other gainful employment or occupation.
Sec. 10. NRS 209.161 is hereby amended to read as follows:
209.161 1. The director shall appoint a [superintendent] warden for each institution of the department.
2. Each [superintendent shall be] warden is in the classified service of the state except for purposes of retention . [and is entitled to receive an annual salary in an amount fixed by law.]
3. Each [superintendent] warden is responsible to the director for the administration of his institution, including the execution of all policies and the enforcement of all regulations of the department pertaining to the custody, care and training of offenders under his jurisdiction.
Sec. 11. NRS 209.171 is hereby amended to read as follows:
209.171 1. The director, [deputy director, and the superintendent, deputy superintendent, correctional officers] and other officers and employees of [an institution] the department so designated by the director , have the powers and privileges of peace officers when performing duties prescribed by the director.
2. For the purposes of subsection 1, the duties which may be prescribed by the director include, but are not limited to, pursuit and return of escaped offenders, transportation and escort of offenders and the general exercise of control over offenders within or outside the confines of the [institution.] institutions and facilities of the department.